Case Summary
Swaroop Rajan filed a suit against P E Thomas for a permanent prohibitory injunction regarding property possession. The plaintiff claims his right to possess the property as per a memorandum of agreement, while the defendant disputes the validity of this agreement.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent injunction from obstructing possession and costs of the suit
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff established his case based on unchallenged oral and documentary evidence.
The plaintiff established his case based on unchallenged oral and documentary evidence.
Judgment Evidence:
In the result, suit is decreed on the following terms. Defendant is restrained by a permanent decree of mandatory injunction from preventing the plaintiff or his men or agents from possessing the plaint schedule property in exercise of his legal rights accruing and arising from the Memorandum of Agreement...
Parties Involved
Plaintiffs
Swaroop Rajan (33 years)
Shoranoor – 579 121, Palakkad District
Dr. C A Rajan (65 years)
Shoranoor – 679 121, Palakkad District
Defendants
P E Thomas (null years)
50/934-A, Pulinat House, Park Lane, SBT Junction, Edappally, Kochi- 682 024
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Restrain the defendant from obstructing the plaintiff's peaceful possession of the property.
Evidence:
Defendant is restrained by a permanent decree of mandatory injunction from preventing the plaintiff or his men or agents from possessing the plaint schedule property.
Relief Type:
Costs
Outcome:
Granted
Description:
Defendant is directed to pay costs of the suit to the plaintiff.
Evidence:
Defendant is directed to pay costs of the suit to plaintiff.
Documents & Evidence
Document Type:
Memorandum of Agreement
Submitted By:
Plaintiff
Relevance:
Establishes the contractual relationship and the plaintiff's rights regarding the property.
Reference:
Ext.A1
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Shows the plaintiff's readiness and willingness to complete the transaction and requests delivery of possession.
Reference:
Ext.A2
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Supports the claim of communication regarding the agreement.
Reference:
Ext.A3
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Indicates the defendant's response to the notice and the nature of the communication.
Reference:
Ext.A4
Document Type:
Complaint to Police Station
Submitted By:
Plaintiff
Relevance:
Documents the illegal actions taken against the plaintiff and reinforces the urgency of intervention.
Reference:
Ext.A5