Case Summary
Soosamma Varghese and V V Varghese are the plaintiffs seeking to declare their ownership and evict the defendants, Saji and Lissy, from a property. The defendants have been residing there but have contested the landlord-tenant relationship.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendants are directed to give vacant possession of plaint schedule building within a period of 3 months from the date of decree.
Case Type
Civil Suit
Final Judgment
No
The court declared the right of the first plaintiff over the plaint schedule building and ordered the defendants to vacate the premises within three months. The defendants are also liable to pay mesne profit until vacant possession is granted.
Why Plaintiff Won:
The plaintiffs successfully established their ownership and the unlawfulness of the defendants' occupation.
The plaintiffs successfully established their ownership and the unlawfulness of the defendants' occupation.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The plaintiffs could establish their case and hence they are entitled to the reliefs as claimed for.
Judgment Evidence:
In the result, Suit is decreed as follows: The right of the 1st plaintiff over the plaint schedule building is hereby declared. The defendants are directed to give vacant possession of plaint schedule building within a period of 3 months from the date of decree. The defendants shall pay an amount of Rs.500/- from the date of suit till vacant possession of the plaint schedule building.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Soosamma Varghese
- Party Age
- 70
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- V V Varghese
- Party Age
- 75
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Saji
- Party Age
- 57
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Lissy
- Party Age
- 52
- Relation
- W/o
Plaintiffs Documents
Copy of Sale Deed no. 18/1994, Tax Receipt, Cash Receipt, Order of RCP no. 5/2018, Notice.
Defendants Documents
Copy of plaint in OS 143/2016, Copy of written statement in OS 231/2016.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Saji Koduvathu
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Avaneesh V N
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Anilkumar Ambady
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Declaration of the first plaintiff's right over the plaint schedule building.
Evidence:
The right of the 1st plaintiff over the plaint schedule building is hereby declared.
Relief Type:
Eviction
Outcome:
Granted
Description:
Defendants directed to provide vacant possession of the plaint schedule building.
Evidence:
The defendants are directed to give vacant possession of plaint schedule building within a period of 3 months from the date of decree.
Relief Type:
Damages
Outcome:
Granted
Description:
Defendants ordered to pay mesne profit till vacant possession.
Evidence:
The defendants shall pay an amount of Rs.500/- from the date of suit till vacant possession of the plaint schedule building.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Establishes the first plaintiff's ownership of the property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Confirms that the first plaintiff has been paying tax for the property.
Reference:
Ext.A2
Document Type:
Cash Receipt
Submitted By:
Plaintiff
Relevance:
Demonstrates payment for maintenance or other expenses related to the property.
Reference:
Ext.A3
Document Type:
Order of Rent Control Proceedings
Submitted By:
Plaintiff
Relevance:
Details the ruling on landlord-tenant relationship which was found to be absent.
Reference:
Ext.A4
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Served to the defendants to vacate the property.
Reference:
Ext.A5
Document Type:
Copy of decree
Submitted By:
Plaintiff
Relevance:
Details a previous court finding relevant to the case.
Reference:
Ext.A6
Document Type:
Plaint
Submitted By:
Plaintiff
Relevance:
Provides context on earlier litigations involving the property.
Reference:
Ext.A7
Document Type:
Petition
Submitted By:
Plaintiff
Relevance:
Details the plaintiffs' position in the previous rent control petition.
Reference:
Ext.A9
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Additional proof of tax payment by the plaintiff.
Reference:
Ext.A11
Document Type:
Building Certificate
Submitted By:
Plaintiff
Relevance:
Evidence concerning the condition and compliance of the building.
Reference:
Ext.A13
Document Type:
Rent Agreement
Submitted By:
Plaintiff
Relevance:
Contracts concerning the defendants’ occupancy of the property which is disputed.
Reference:
Ext.A14
Document Type:
Plaint
Submitted By:
Plaintiff
Relevance:
Contains admissions regarding the rights over the property.
Reference:
Ext.A15
Document Type:
Judgment
Submitted By:
Plaintiff
Relevance:
Confirms the findings of previous appeals related to the case.
Reference:
Ext.A16
Document Type:
Plaint
Submitted By:
Defendant
Relevance:
Details the defendants' claim against the plaintiffs in earlier litigation.
Reference:
Ext.B1
Document Type:
Written Statement
Submitted By:
Defendant
Relevance:
Contains the defendants' response in earlier litigation.
Reference:
Ext.B2
Document Type:
Court Proceedings
Submitted By:
Court
Relevance:
Oral evidence provided by witnesses.
Reference:
Case Classification
Case Type
Civil Suit
Category
Eviction and Rent Control
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Unauthorized occupation
Case Code
Case between Soosamma Varghese et al vs Saji et al regarding declaration and eviction
Case Code Year
Case between Soosamma Varghese et al vs Saji et al regarding declaration and eviction