Case Summary
Santha is the plaintiff seeking a permanent prohibitory injunction against the defendants, Thankamma and her children, regarding a disputed property. The plaintiff claims ownership and fears trespass by the defendants.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction
Case Type
Civil Suit
Final Judgment
No
The court decreed a permanent prohibitory injunction preventing the defendants from trespassing into the plaintiff's property. The plaintiff was found to be the owner in possession of the disputed property.
Why Plaintiff Won:
The plaintiff proved her ownership and settled possession of the property.
The plaintiff proved her ownership and settled possession of the property.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The allegation that the plaintiff had sold the property included in schedule A to the Partition deed could not be proved by any oral or documentary evidence.
Judgment Evidence:
The suit is decreed without costs as follows: 1. The defendants their men and agents are restrained by a decree of permanent prohibitory injunction from trespassing into the plaint schedule property or doing anything injurious to the plaintiff’s right, title and interest over plaint schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Santha
- Party Age
- 66
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Thankamma
- Party Age
- 68
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Shalu
- Party Age
- 48
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Santhosh
- Party Age
- 45
- Relation
- S/o
Plaintiffs Documents
Photocopy of certificate of purchase, Certificate copy document no 747/78 of SRO Ernakulam, Original building tax receipt & ownership certificate, Photocopy of ration card, Residence certificate issued by Kumbalam grama panchayath, Certificate copy of document no 2290/83 of SRO, Ernakulam.
Defendants Documents
Certified copy of Partition deed no 2571/1982.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- N.C.Joseph
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- T.B.Gafoor
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K.Mohan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The plaintiff sought a decree of permanent prohibitory injunction to restrain the defendants from trespassing into the plaint schedule property.
Evidence:
The defendants their men and agents are restrained by a decree of permanent prohibitory injunction from trespassing into the plaint schedule property or doing anything injurious to the plaintiff’s right, title and interest over plaint schedule property.
Documents & Evidence
Document Type:
Purchase Certificate
Submitted By:
Plaintiff
Relevance:
The document establishes the original ownership of the property by Narayani.
Reference:
Ext.A1
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
This deed shows the settlement of 5 cents of property in favor of the second and third defendants.
Reference:
Ext.A2
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
It serves as proof of the plaintiff’s ownership and residence in the plaint schedule property.
Reference:
Ext.A3
Document Type:
Ration Card
Submitted By:
Plaintiff
Relevance:
The ration card serves to confirm the identity and residency of the plaintiff.
Reference:
Ext.A4
Document Type:
Residence Certificate
Submitted By:
Plaintiff
Relevance:
This certificate is issued by Kumbalam Grama Panchayat certifying the plaintiff's residence.
Reference:
Ext.A5
Document Type:
Certified copy of document
Submitted By:
Plaintiff
Relevance:
It documents the sale of the property sold by the defendants.
Reference:
Ext.A6
Document Type:
Partition Deed
Submitted By:
Defendant
Relevance:
This deed provides evidence regarding the partition of the property and the shares allotted.
Reference:
Ext.B1
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Santha vs Thankamma et al regarding permanent prohibitory injunction
Case Code Year
Case between Santha vs Thankamma et al regarding permanent prohibitory injunction