Case Summary
The plaintiffs, Vishnu Sreenivasan and Usha Sreenivasan, claim ownership over a property and seek to restrain the defendants from interfering with their rights. The defendants, including N.Chandrikadevi and others, challenge the plaintiffs' claims and assert their own interests in the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Ownership and possession declared, defendants restrained from executing any documents affecting plaintiffs' rights.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiffs, declaring them as the absolute owners of the plaint schedule property and restraining the defendants from interfering with it.
Why Plaintiff Won:
The plaintiffs provided sufficient evidence of ownership and possession as outlined in the settlement deed and other documents.
The plaintiffs provided sufficient evidence of ownership and possession as outlined in the settlement deed and other documents.
Losing Side's Weaknesses:
The plaintiffs provided sufficient evidence of ownership and possession as outlined in the settlement deed and other documents.
The plaintiffs provided sufficient evidence of ownership and possession as outlined in the settlement deed and other documents.
Supporting Evidence
The cause of action alleged in the plaint stands proved through the deposition of PW1 and from Ext. A1 to A4 and C1 series. From the affidavit and exhibits it is clear that the plaintiffs are entitled to get a decree of declaration and for permanent prohibitory injunction. There is no contra evidence to prove otherwise.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: 1. It is declared that the plaintiffs have ownership and possession over the plaint schedule property. 2. The 1st defendant is restrained from executing any document or creating any encumbrance with respect to plaint schedule property affecting the right of the plaintiffs over the plaint schedule property. 3. The defendants 2 to 5 and their men are restrained from trespassing into the plaint schedule property and making any obstruction to the plaintiffs’ peaceful enjoyment of the plaint schedule property, its house and shop rooms and from committing any waste therein.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Vishnu Sreenivasan @ Vishnu Sreenivasan Pillai
- Party Age
- 32
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Usha Sreenivasan
- Party Age
- 60
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- N.Chandrikadevi
- Party Age
- 80
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Gopalakrishnan @ Appu
- Party Age
- 62
- Party Role
- Defendant
- Party Name
- Maniyan Pillai @ Mani
- Party Age
- 65
- Party Role
- Defendant
- Party Name
- Asanth
- Party Age
- 35
- Party Role
- Defendant
- Party Name
- Satheesh
- Party Age
- 45
Plaintiffs Documents
Ext.A1 13-12-2004 Copy of Sale Deed No.5613/2004, Ext.A2 10-02-2020 Land Tax Receipt, Ext.A3 26-05-2020 Consent Deed, Ext.A4 28-11-2017 Possession Certificate
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- S. Harikumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- S.S.Prasad
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- P.A.Sreekumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
It is declared that the plaintiffs have ownership and possession over the plaint schedule property.
Evidence:
In the result, the suit is decreed with costs as follows: 1. It is declared that the plaintiffs have ownership and possession over the plaint schedule property.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The 1st defendant is restrained from executing any document or creating any encumbrance with respect to plaint schedule property.
Evidence:
2. The 1st defendant is restrained from executing any document or creating any encumbrance with respect to plaint schedule property affecting the right of the plaintiffs over the plaint schedule property.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendants 2 to 5 and their men are restrained from trespassing into the plaint schedule property.
Evidence:
3. The defendants 2 to 5 and their men are restrained from trespassing into the plaint schedule property and making any obstruction to the plaintiffs’ peaceful enjoyment of the plaint schedule property.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Ext.A1 is the settlement deed No. 5613/2004 executed by the 1st defendant in favour of 1st plaintiff and his father.
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Ext.A2 is the land tax receipt dated 10/02/2020 proving the payment of land tax by the plaintiffs.
Reference:
Ext.A2
Document Type:
Consent Deed
Submitted By:
Plaintiff
Relevance:
Ext.A3 is the consent deed executed by 1st defendant in favour of 1st plaintiff.
Reference:
Ext.A3
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
Ext.A4 is the possession certificate issued from Vadakkevila Village, showing the plaintiffs' ownership and possession.
Reference:
Ext.A4
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Ext.C1 series includes the commission report that helped identify the plaint schedule property.
Reference:
Ext.C1
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Ownership Dispute
Case Code
Case between Vishnu Sreenivasan @ Vishnu et al vs N.Chandrikadevi et al regarding Declaration and Injunction.
Case Code Year
Case between Vishnu Sreenivasan @ Vishnu et al vs N.Chandrikadevi et al regarding Declaration and Injunction.