Case Summary
Stancy Babu and her minor son Godwin are plaintiffs against Anil Kumar, Valsala, Laya, Linu, and Stansi regarding a suit for declaration and permanent prohibitory injunction concerning property rights. The plaintiffs claim that the defendants are attempting to trespass and disturb their peaceful enjoyment of the property inherited from the late Babu Varghese.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants 1 to 4 are permanently restrained from trespassing into the plaint A and B schedule properties and the 5th defendant is restrained from creating any deed with regard to plaint A schedule property.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiffs, restraining the defendants from trespassing on the properties and declaring the 5th defendant's right over the plaint A schedule property as per the settlement deed.
Why Plaintiff Won:
Plaintiffs established their exclusive rights over the property supported by evidential documents without challenge.
Plaintiffs established their exclusive rights over the property supported by evidential documents without challenge.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The evidence of PW1 coupled with Ext. A1 to A7 would prove the case of the plaintiffs. Pleadings and evidence of the plaintiffs remains unchallenged.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: i. The defendants 1 to 4 and their men are permanently restrained from trespassing into the plaint A and B schedule properties and from committing any waste therein and the 5th defendant is restrained from creating any deed with regard to plaint A schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Stancy Babu
- Party Age
- 50
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Godwin
- Party Age
- 15
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Anil Kumar
- Party Age
- 56
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Valsala
- Party Age
- 60
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Laya
- Party Age
- 40
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Linu
- Party Age
- 37
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Stansi
- Party Age
- 80
- Relation
- W/o
Plaintiffs Documents
Settlement Deed No. 4540/11 of Kundara SRO, Sale Deed No. 130/17 of Kundara SRO, Land Tax Receipts dated 29-08-2024, Copy of complaint filed before Kollam Rural Police.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Paul Antony
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Suseela Paul
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants 1 to 4 and their men are permanently restrained from trespassing into the plaint A and B schedule properties.
Evidence:
The defendants 1 to 4 and their men are permanently restrained from trespassing into the plaint A and B schedule properties and from committing any waste therein.
Relief Type:
Declaration
Outcome:
Granted
Description:
It is declared that the 5th defendant has only the right as per the provisions set out in the Settlement Deed No. 4540/2011 of Kundara SRO over the plaint A schedule property.
Evidence:
It is hereby declared that the 5th defendant has only the right as per the provisions set out in the Settlement Deed No. 4540/2011 of Kundara SRO over the plaint A schedule property.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiffs are entitled to realise the costs of the suit from the defendants.
Evidence:
Plaintiffs are also entitled to realise the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
This document identifies the ownership and rights over the plaint A schedule property.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
This document proves the 1st plaintiff's ownership of plaint B schedule property.
Reference:
Ext.A2
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
These receipts confirm the payment of land tax for plaint A and B schedule properties.
Reference:
Ext.A3 and A4
Document Type:
Copy of complaint
Submitted By:
Plaintiff
Relevance:
This document shows the plaintiff's complaint against the defendants regarding their attempts to interfere with the plaintiffs' property.
Reference:
Ext.A5
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
This receipt provides additional support to the plaintiff's claims.
Reference:
Ext.A6
Document Type:
Family Membership Certificate
Submitted By:
Plaintiff
Relevance:
This certificate is relevant for establishing the relationship between the plaintiffs and the deceased owner of the property.
Reference:
Ext.A7
Document Type:
Commission Report
Submitted By:
Court
Relevance:
The report prepared by the Advocate Commissioner provides official findings regarding the plaint schedule properties.
Reference:
Ext.C1 series
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
Case between Stancy Babu vs Anil Kumar et al regarding Declaration and Injunction
Case Code Year
Case between Stancy Babu vs Anil Kumar et al regarding Declaration and Injunction