Case Summary
The plaintiff, Shyamala Devi Amma, is seeking recovery of vacant possession of her property and a perpetual injunction against the defendants who have been occupying the property without legal rights. The defendants include Dinil, Athulya.V.S, and two minors, who have resisted the plaintiff's efforts to reclaim her property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Vacant possession of the plaint scheduled property; injunction against interference.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, granting her recovery of the property and preventing the defendants from interfering with it. Costs of the suit are to be paid by the defendants.
Why Plaintiff Won:
The plaintiff proved her ownership and the defendants had no legal title to the property.
The plaintiff proved her ownership and the defendants had no legal title to the property.
Losing Side's Weaknesses:
The plaintiff proved her ownership and the defendants had no legal title to the property.
The plaintiff proved her ownership and the defendants had no legal title to the property.
Supporting Evidence
The plaintiff has succeeded in proving her case. Moreover, there is no evidence to rebut the evidence adduced on the side of the plaintiff.
Judgment Evidence:
In the result, this suit is decreed in part as follows: (I) The plaintiff is allowed to get the vacant possession of the plaint scheduled property from the possession of the defendants and their men.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Shyamala Devi Amma
- Party Age
- 63
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Dinil
- Party Age
- 38
- Relation
- H/o
- Party Role
- Defendant
- Party Name
- Athulya.V.S
- Party Age
- 33
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Dhrishya
- Party Age
- 10
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Devan
- Party Age
- 2
- Relation
- S/o
Plaintiffs Documents
Settlement deed No.1419/1983, Tax receipt dated 04/02/2021, Power of Attorney dated 03/04/2023
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.G.Kailasnadh
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Vinod Mathew Wilson
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
The plaintiff is allowed to get the vacant possession of the plaint scheduled property from the possession of the defendants and their men.
Evidence:
The plaintiff is allowed to get the vacant possession of the plaint scheduled property from the possession of the defendants and their men.
Relief Type:
Injunction
Outcome:
Granted
Description:
The defendants and their men are restrained from interfering with the plaint scheduled property.
Evidence:
The defendants and their men are restrained from interfering with the plaint scheduled property or from committing any act of trespass, mischief, waste and nuisance in the plaint scheduled property.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff is entitled to realise costs of the suit from the defendants.
Evidence:
The plaintiff is entitled to realise costs of the suit from the defendants.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
The settlement deed establishes the plaintiff's ownership of the property in question.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
The tax receipt provides evidence of the plaintiff's financial responsibility for the property.
Reference:
Ext.A2
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
The Power of Attorney grants authority to the plaintiff's representative to act on her behalf in legal matters.
Reference:
Ext.A3
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Unauthorized occupation
Case Code
Case between Shyamala Devi Amma vs Dinil et al regarding recovery of vacant possession and injunction
Case Code Year
Case between Shyamala Devi Amma vs Dinil et al regarding recovery of vacant possession and injunction