Case Summary
The plaintiff, Sushamakumari, filed a suit against her sister-in-law Jayakumari and her children for compensation due to alleged acts that obstructed her sale of property. The defendant placed a board claiming a boundary dispute, which caused the plaintiff to suffer financial loss.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs. 1,00,000 with interest at the rate of 6% per annum from the date of decree till realization
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, awarding her Rs. 1,00,000 with interest.
Why Plaintiff Won:
The court found that the defendants' actions resulted in a financial loss to the plaintiff, as evidenced by the circumstances of the case.
The court found that the defendants' actions resulted in a financial loss to the plaintiff, as evidenced by the circumstances of the case.
Losing Side's Weaknesses:
The court found that the defendants' actions resulted in a financial loss to the plaintiff, as evidenced by the circumstances of the case.
The court found that the defendants' actions resulted in a financial loss to the plaintiff, as evidenced by the circumstances of the case.
Supporting Evidence
The act of the 1st defendant caused injury to the plaintiff. The preponderance of probability in this case is in favour of the plaintiff.
Judgment Evidence:
In the result, the suit is decreed as follows: The plaintiff is entitled to realise an amount of Rs.1,00,000/- (Rupees One Lakh Only) with interest at the rate of 6% per annum from the date of decree till realisation with costs, from the 1st defendant and her assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sushamakumari
- Party Age
- 48
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Jayakumari @ Jaya
- Party Age
- 56
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Sanjay Khosh
- Party Age
- 29
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sajay Khosh
- Party Age
- 26
- Relation
- S/o
Plaintiffs Documents
Settlement deed No. 1196/1995, Agreement for sale dated 18/04/2022, Advocate notice dated 30/06/2022
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- M. I. Alexander Panicker
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Govinda Pillai
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Damages
Outcome:
Granted
Description:
The plaintiff is entitled to realize an amount of Rs.1,00,000/- from the first defendant with interest.
Evidence:
In the result, the suit is decreed as follows: The plaintiff is entitled to realise an amount of Rs.1,00,000/- (Rupees One Lakh Only) with interest at the rate of 6% per annum from the date of decree till realisation with costs, from the 1st defendant and her assets.
Documents & Evidence
Document Type:
Agreement for sale
Submitted By:
Plaintiff
Relevance:
This document serves as evidence of the agreement between the plaintiff and Mr. Vishnu for the sale of the property.
Reference:
Ext.A1
Document Type:
Photographs
Submitted By:
Plaintiff
Relevance:
Photographs are related to the property in question, marked subject to proof.
Reference:
Ext.A2
Document Type:
Copy of plaint
Submitted By:
Plaintiff
Relevance:
This document pertains to the prior suit filed by the defendants, relevant to the current dispute.
Reference:
Ext.A3
Document Type:
Copy of temporary injunction order
Submitted By:
Plaintiff
Relevance:
This injunction order is critical as it details restrictions placed on the property.
Reference:
Ext.A4
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Details the legal notice sent by the plaintiff to the defendants.
Reference:
Ext.A5
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
These receipts provide evidence of the mailing of the legal notice.
Reference:
Ext.A6
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Acknowledgment card is proof of receipt of the legal notice by the defendants.
Reference:
Ext.A7
Document Type:
Returned postal articles
Submitted By:
Plaintiff
Relevance:
These returned articles indicate the refusal of the defendants to accept the notice.
Reference:
Ext.A8
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Non-payment of rent
Case Code
Case between Sushamakumari vs Jayakumari @ Jaya et al regarding compensation for property dispute
Case Code Year
Case between Sushamakumari vs Jayakumari @ Jaya et al regarding compensation for property dispute