Case Summary
The plaintiffs, Sree Narayana Prathima Sthapana Committee and Satheesan V.P, are seeking a permanent prohibitory injunction against the defendants, SNDP Sakha Yogam No. 1682 and others, who allegedly attempted to trespass on the property where a statue of Sree Narayana Guru is installed. The case revolves around disputes over ownership and possession of the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against trespass and illegal activities on plaint C schedule property.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiffs proved their lawful possession over the disputed property and the defendants failed to substantiate their claims of ownership and possession.
The plaintiffs proved their lawful possession over the disputed property and the defendants failed to substantiate their claims of ownership and possession.
Judgment Evidence:
In the result, the suit is decreed as follows; 1) 1st defendant association, its members and agents including other defendants being its current office bearers are hereby restrained from trespassing into plaint ‘C’ schedule property, committing act of waste therein, proceeding with the construction of any structures therein and from doing anything injurious to the title and possession of the first plaintiff association over plaint ‘C’ schedule property.
Parties Involved
Plaintiffs
Sree Narayana Prathima Sthapana committee (Age not specified years)
SN Junction, Tripunithura
Satheesan V.P (60 years)
Vadakkumpurath house, SN junction, Nadama village, Kanayannur taluk, Tripunithura P.O, Pin – 682 301
Defendants
SNDP Sakha Yogam No. 1682 (Age not specified years)
Nadama village, Tripunithura
P.R.Banerji (55 years)
Nadama village, Tripunithura, Pin – 682 301
V.R.Asokan (60 years)
Nadama village, Tripunithura, Pin – 682 301
V.S.Shibu (48 years)
Nadama village, Tripunithura, Pin – 682 301
Shaji Kurunnoth (60 years)
Nadama village, Tripunithura, Pin – 682 301
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Plaintiffs sought a permanent prohibitory injunction against the defendants regarding the plaint C schedule property.
Evidence:
Thus, the point is accordingly found in favour of the plaintiff.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiffs were entitled to costs of the suit.
Evidence:
I find no special reasons to deviate from the normal rule that costs shall follow the event.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the Sale Deed No. 255/74 of SRO, Tripunithura establishes the ownership of the plaint A schedule property.
Reference:
Ext.A1
Document Type:
Sale Agreement
Submitted By:
Plaintiff
Relevance:
Certified copy of the sale agreement executed between the office bearers of the first claimant and C.K.Karunakaran owner of the property supports the claim of the plaintiffs.
Reference:
Ext.A2
Document Type:
Property Tax Receipt
Submitted By:
Plaintiff
Relevance:
Certified copy of the property tax paid receipt shows the plaintiffs have been paying tax for the property.
Reference:
Ext.A3
Document Type:
Ledger
Submitted By:
Plaintiff
Relevance:
Certified copy of the ledger maintained by the first plaintiff committee during the period 1973-74 provides evidence of the committee's activities.
Reference:
Ext.A4
Document Type:
Various Notices
Submitted By:
Plaintiff
Relevance:
Certified copies of various notices related to the installation of the statue demonstrate the actions of the first plaintiff committee.
Reference:
Ext.A5 to Ext.A8
Document Type:
Property Tax Receipt
Submitted By:
Plaintiff
Relevance:
Certified copy of the property tax paid receipt for the year 2018 admits the registration status of the property.
Reference:
Ext.A9
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
Possession certificate shows the current holding of the property by the first plaintiff.
Reference:
Ext.A10
Document Type:
Registration Certificate
Submitted By:
Plaintiff
Relevance:
Registration certificate of the first claimant confirms the legal standing of the plaintiff's association.
Reference:
Ext.A11
Document Type:
Mahazar
Submitted By:
Plaintiff
Relevance:
Certified copy of the Mahazar issued by the Special Tahsildar regarding land acquisition shows ongoing administrative actions affecting the property.
Reference:
Ext.A12
Document Type:
Court Judgment
Submitted By:
Plaintiff
Relevance:
True copy of Judgment passed by the Hon’ble High Court in WPC No. 14628/2019 outlines previous legal findings relevant to the case.
Reference:
Ext.A17
Document Type:
Minutes Book
Submitted By:
Defendant
Relevance:
Original minutes book maintained by the 1st defendant supports their claims regarding possession and management of the statue.
Reference:
Ext.B4
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report filed provides crucial factual insights regarding the physical status of the property.
Reference:
Ext.C1