Case Summary
The plaintiff, Yesudasan, claims ownership of a property and seeks a permanent prohibitory injunction against the defendants who have allegedly trespassed and threatened him. The defendants express interest in purchasing the property but resort to violence when their demands are not met.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants 1 to 3 are restrained from trespassing into the plaint schedule property and obstructing the plaintiff.
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiff, granting partial relief by restraining the defendants from trespassing and causing obstruction.
Why Plaintiff Won:
Plaintiff provided sufficient evidence regarding ownership and the need for protection of the property.
Plaintiff provided sufficient evidence regarding ownership and the need for protection of the property.
Losing Side's Weaknesses:
Plaintiff provided sufficient evidence regarding ownership and the need for protection of the property.
Plaintiff provided sufficient evidence regarding ownership and the need for protection of the property.
Supporting Evidence
By producing Exts.A1 and A2 and by deposing in tune with the plaint averments in the affidavit, the plaintiffs have succeeded in proving their case.
Judgment Evidence:
In the result, this suit is decreed in part as follows: (i) Defendants 1 to 3 and their men are hereby restrained from trespassing into the plaint schedule property, altering its boundaries, or causing any damage to the shed situated therein.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Yesudasan
- Party Age
- 38
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Jincy
- Party Age
- 30
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Binu
- Party Age
- 35
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Yesudasan
- Party Age
- 65
- Relation
- W/o
Plaintiffs Documents
Certified copy of sale deed No. 777/2021, Copy of land tax receipt
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Adv.Anil Kumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. V Vrajmohan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendants are restrained from trespassing into the plaint schedule property and causing obstruction.
Evidence:
Defendants 1 to 3 and their men are hereby restrained from trespassing into the plaint schedule property, altering its boundaries, or causing any damage to the shed situated therein.
Relief Type:
Costs
Outcome:
Granted
Description:
The 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. 777/2021 dated 10/03/2021 shows the plaintiff's ownership of the plaint schedule property.
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Copy of land tax receipt dated 12/08/2021 provides evidence of the plaintiff's financial responsibilities regarding the property.
Reference:
Ext.A2
Case Classification
Case Type
Civil Suit
Category
Injunction and Access Rights
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Trespass
Case Code
Case between Yesudasan vs Jincy et al regarding permanent prohibitory injunction
Case Code Year
Case between Yesudasan vs Jincy et al regarding permanent prohibitory injunction