Case Summary
Shyamji V S is the owner of certain property and is seeking a permanent prohibitory injunction against the defendants who are alleged to have trespassed into the property. The defendants claim that they have rights to use the property based on past usage by their predecessor.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants are hereby restrained from trespassing into plaint schedule item no:2 room situated on the upstairs of the plaintiff’s building.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit, restraining the defendants from trespassing into the plaint schedule property. The plaintiff established ownership over the property and the defendants' claims were dismissed.
Why Plaintiff Won:
The plaintiff was able to prove ownership of the property through sale deeds and established that the defendants had no legal right to the property.
The plaintiff was able to prove ownership of the property through sale deeds and established that the defendants had no legal right to the property.
Losing Side's Weaknesses:
The plaintiff was able to prove ownership of the property through sale deeds and established that the defendants had no legal right to the property.
The plaintiff was able to prove ownership of the property through sale deeds and established that the defendants had no legal right to the property.
Supporting Evidence
On careful analysis of the evidence on record, it could be concluded that the plaintiff is the owner-in-possession of the plaint schedule item no:1 and 2 properties by virtue of Exhibit A1 and Exhibit A2 deeds.
Judgment Evidence:
In the result, Suit is decreed as follows: 1. The defendants are hereby restrained from trespassing into plaint schedule item no:2 room situated on the upstairs of the plaintiff’s building having a length of 30 feet and breadth of 20 feet as well as into the plaint schedule item no.1 property. 2. There is no order as to costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Shyamji V S
- Party Age
- 45
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- V S Gopakumar
- Party Age
- 50
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Vasanthi Sabu
- Party Age
- 59
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Priyamvadha V S
- Party Age
- 62
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- V S Rajeswari
- Party Age
- 53
- Relation
- W/o
Plaintiffs Documents
Copy of Sale Deed no. 409/2003, Copy of Sale Deed no. 4337/2008, Tax Receipts
Defendants Documents
Commission Report and rough sketch in OS 168/2021
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Josekutty Mathew
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- P Anilkumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendants are restrained from trespassing into plaint schedule item no:2 room.
Evidence:
In the result, Suit is decreed as follows: The defendants are hereby restrained from trespassing into plaint schedule item no:2 room...
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
The plaintiff obtained right over land as well as the rooms on the ground floor as well as a portion of the hall.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
The plaintiff obtained right and title over the rooms in the building.
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
These receipts demonstrate that the plaintiff was paying tax with respect to the property.
Reference:
Ext.A3, Ext.A4
Document Type:
Commission Report
Submitted By:
Plaintiff
Relevance:
Report and sketch prepared by the Advocate Commissioner who visited the property.
Reference:
Ext.C1
Document Type:
Commission Report
Submitted By:
Defendant
Relevance:
The report shows conditions of the property and establishes lack of ongoing music classes.
Reference:
Ext.B1
Document Type:
Assessment Register
Submitted By:
Unknown
Relevance:
Provided records showing occupation details related to the plaint schedule.
Reference:
Ext.X1
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Case Code
Case between Shyamji V S vs V S Gopakumar et al regarding permanent prohibitory injunction
Case Code Year
Case between Shyamji V S vs V S Gopakumar et al regarding permanent prohibitory injunction