Case Summary
The plaintiffs, Valsamma Thomas and her children, are seeking a permanent prohibitory injunction against the defendants, who are family members and alleged to be interfering with their possession of a property. The court found that the plaintiffs have the right to possess the property and the defendants have no right.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction restraining the defendants from trespassing into the property.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiffs established their prior possession and the absence of defendants' rights over the property.
The plaintiffs established their prior possession and the absence of defendants' rights over the property.
Judgment Evidence:
The suit is decreed as follows: I. The defendants, their men and agents are restrained ... II. The defendants are directed to pay the costs of the suit to the plaintiffs.
Parties Involved
Plaintiffs
Valsamma Thomas (51 years)
Door No.28/877 F, Corporation of Cochin, 4th Floor, Chakkalakkal Building, K P Vallon Road, Kadavanthra Desom, Kochi-682 020
Sobhitha Thomas (28 years)
Door No. 28/877F, Corporation of Cochin, 4th Floor, Chakkalakkal Building, KP Vallon Road, Kadavanthra Desom, Kochi - 682 020
Irin Thomas (23 years)
Door No.28/877F, Corporation of Cochin, 4th Floor, Chakkalakkal Building, KP Vallon Road, Kadavanthra Desom, Kochi - 682 020
Defendants
Selin Jacob (83 years)
C/o.Saju Jacob, Chakkalakkal House, Ambedkar Colony, Cochin 682 018
Joseph Sunny (59 years)
Saffron House, Pulleppady Cross Road, Cochin - 682 018
Saju Jacob (63 years)
Chakkalakkal House, Ambedkar Colony, Cochin- 683 108
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent prohibitory injunction restraining the defendants from trespassing.
Evidence:
The defendants, their men and agents are restrained by way of permanent prohibitory injunction from trespassing into the Apartment bearing Door No. 28/877F of Corporation of Cochin on the 4th Floor of the multistoried Chakkalakkal building and/or from interfering with the peaceful possession and enjoyment of the same by the plaintiffs or their agents in any manner.
Relief Type:
Mandatory Injunction
Outcome:
Refused
Description:
Mandatory injunction directing the first defendant to leave the plaint schedule property.
Evidence:
Mandatory injunction directing the first defendant to leave the plaint schedule property and to go live away with one or the other of her own children permanently cannot be sustained, and therefore, issue VII is answered as against the plaintiff.
Documents & Evidence
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Is the death certificate of the first plaintiff's late husband.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Attested copy of sale deed related to the property.
Reference:
Ext.A2
Document Type:
Encumbrance certificate
Submitted By:
Plaintiff
Relevance:
Photocopy of the encumbrance certificate for the property.
Reference:
Ext.A3
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Copy of the tax receipt relevant to the property.
Reference:
Ext.A4
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
Copy of the possession certificate for the property.
Reference:
Ext.A5
Document Type:
Bank statement
Submitted By:
Plaintiff
Relevance:
Computer-generated statement of account for the specified period.
Reference:
Ext.A6
Document Type:
Salary Transfer Letter
Submitted By:
Plaintiff
Relevance:
Salary transfer letter relevant to the loan.
Reference:
Ext.A7
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
A letter dated 15.05.2019.
Reference:
Ext.A8
Document Type:
Quotation
Submitted By:
Plaintiff
Relevance:
Quotation for carpentry works.
Reference:
Ext.A9
Document Type:
Credit Card Statement
Submitted By:
Plaintiff
Relevance:
Computer-generated credit card statement for the specified date.
Reference:
Ext.A10
Document Type:
Credit Card Statement
Submitted By:
Plaintiff
Relevance:
Another computer-generated credit card statement.
Reference:
Ext.A11
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
Complaint filed before the Commissioner of Police.
Reference:
Ext.A12
Document Type:
Acknowledgment of Receipt
Submitted By:
Plaintiff
Relevance:
Acknowledgment of receipt of the petition.
Reference:
Ext.A12(a)
Document Type:
Hospital Bill
Submitted By:
Plaintiff
Relevance:
Bill issued from PVS Memorial Hospital.
Reference:
Ext.A13
Document Type:
Bills
Submitted By:
Plaintiff
Relevance:
Various hospital bills related to the treatment.
Reference:
Ext.A13(a) to Ext.A13(a)(m)
Document Type:
Hospital Bill
Submitted By:
Plaintiff
Relevance:
Bill issued from Lakeshore Hospital & Research Centre.
Reference:
Ext.A14
Document Type:
Bills
Submitted By:
Plaintiff
Relevance:
Various hospital bills related to treatments provided.
Reference:
Ext.A14(a) to Ext.A14(z)
Document Type:
Encumbrance certificate
Submitted By:
Plaintiff
Relevance:
Another encumbrance certificate relevant to the property.
Reference:
Ext.A15
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report filed by the court-appointed advocate.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Rough sketch related to the commission report.
Reference:
Ext.C1(a)
Document Type:
Photographs
Submitted By:
Court
Relevance:
Photographs included as part of the commission report.
Reference:
Ext.C1(b) to Ext.C1(o)