Case Summary
Sunny Mathew, the plaintiff, seeks a declaration of possessory title and an injunction to prevent Girly Johney, the defendant, from interfering with his possession of the property. The plaintiff claims that the defendant has threatened to encroach on the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant is restrained from trespassing upon plaint A schedule property.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in part, with the defendant being restrained from trespassing upon the plaint A schedule property, maintaining the plaintiff’s possession.
Why Plaintiff Won:
The plaintiff is in settled possession of the property, and the defendant has no claim of rights over it.
The plaintiff is in settled possession of the property, and the defendant has no claim of rights over it.
Losing Side's Weaknesses:
The plaintiff is in settled possession of the property, and the defendant has no claim of rights over it.
The plaintiff is in settled possession of the property, and the defendant has no claim of rights over it.
Supporting Evidence
The report filed by the advocate commissioner makes it clear that plaint A schedule property is well-demarcated and the defendant has not claimed any right of possession over plaint A schedule property.
Judgment Evidence:
In the result, the suit is decreed in part as follows; 1. Defendant is restrained from trespassing upon plaint A schedule property in any way disturbing the plaintiff’s possession and enjoyment of plaint A schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sunny Mathew
- Party Age
- 62
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Girly Johney
- Party Age
- 65
Plaintiffs Documents
Certified copy of document no. 272/1984, Sale deed no. 4166/2011, Tax receipt issued by the Mulavukad, Village Office.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Joby Jacob Pulickekudy
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Dajish John
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Harikrishnan P
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Pooja Sebastian
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K.Manu Raj
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Plaintiff sought a permanent prohibitory injunction to prevent the defendant from interfering with the property.
Evidence:
Thus, the plaintiff has every right to enjoy plaint A schedule property without any kind of obstruction from the side of the defendant who has no claim over the same.
Relief Type:
Declaration
Outcome:
Refused
Description:
Plaintiff sought a declaration of possessory title for the plaint A schedule property.
Evidence:
Thus, in so far as the relief of declaration of possessory title is concerned, the plaintiff who has no claim of adverse possession which crystallises his possession over plaint A schedule property to that of a title, cannot be said to be entitled for a relief of declaration.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the document establishing the plaintiff's prior ownership of the property.
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Document supporting the plaintiff's claim of possession over the plaint A schedule property.
Reference:
Ext.A3
Document Type:
Commissioner Report
Submitted By:
Court
Relevance:
Report by the advocate commissioner regarding the boundaries of the plaint A schedule property.
Reference:
Ext.C1
Document Type:
Sketch
Submitted By:
Court
Relevance:
Rough sketch produced along with the advocate commissioner's report.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Sunny Mathew vs Girly Johney regarding declaration and injunction
Case Code Year
Case between Sunny Mathew vs Girly Johney regarding declaration and injunction