Case Summary
The plaintiff, Yesudasan M, a retired Army personnel, filed a suit against Suja Jose and others for realization of money. The defendants, who are relatives of the plaintiff's wife, are accused of interfering in the plaintiff's family affairs and attempting to trespass into the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants restrained from trespassing into the plaint schedule property and costs of the suit awarded to the plaintiff.
Case Type
Civil Suit
Final Judgment
No
The court partially decreed the suit in favor of the plaintiff by restraining the defendants from trespassing into the plaintiff's property and allowed him to recover costs from the defendants.
Why Plaintiff Won:
The plaintiff succeeded in proving his case with adequate evidence.
The plaintiff succeeded in proving his case with adequate evidence.
Losing Side's Weaknesses:
The plaintiff succeeded in proving his case with adequate evidence.
The plaintiff succeeded in proving his case with adequate evidence.
Supporting Evidence
By producing Exts.A1 to A6 and by deposing in tune with the plaint averments in the affidavit, the plaintiffs have succeeded in proving his case. Moreover, there is no evidence to rebut the evidence adduced on the side of the plaintiff.
Judgment Evidence:
In the result, this suit is decreed in part as follows: (i) Defendants and their men are hereby restrained from trespassing into the plaint schedule property, committing any waste or mischief therein, and from obstructing the peaceful living of the plaintiff in the building situated therein.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Yesudasan M
- Party Age
- 67
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Suja Jose
- Party Age
- 50
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Jacob.S
- Party Age
- 45
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- John Abraham@ Jose
- Party Age
- 55
- Relation
- S/o
Plaintiffs Documents
Certified copy of sale deed No.1637/1993, Land tax receipt.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- I Stevenson
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants and their men are restrained from trespassing into the plaint schedule property.
Evidence:
Defendants and their men are hereby restrained from trespassing into the plaint schedule property, committing any waste or mischief therein, and from obstructing the peaceful living of the plaintiff in the building situated therein.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to realize the costs of the suit from the defendants.
Evidence:
The plaintiff is entitled to realise the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed No. 1637/1993 dated 10/05/1993 proving ownership of the property.
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Land tax receipt dated 01/04/2024 showing payment of tax for the property.
Reference:
Ext.A2
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
Copy of complaint filed before the Director General of Police dated 13/06/2022 detailing harassment by the defendants.
Reference:
Ext.A3
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
Copy of complaint filed before the Commissioner of Police, Kollam, dated 28/10/2023 for assistance.
Reference:
Ext.A4
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
Copy of complaint submitted before Home Secretary dated 04/01/2024 regarding the conflicts.
Reference:
Ext.A5
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
Letter from Sanjeevani, Upahara Matha Hospital, Koduvila, dated 15/05/2024 concerning the plaintiff's wife.
Reference:
Ext.A6
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
Case between Yesudasan M vs Suja Jose et al regarding realization of money.
Case Code Year
Case between Yesudasan M vs Suja Jose et al regarding realization of money.