Case Summary
George Cleetus M A is the plaintiff seeking a permanent prohibitory injunction against Sheela Sojan and her husband Sojan, alleging unlawful dispossession from property. The case involves a dispute over ownership and possession rights concerning a jointly owned property after the death of the plaintiff's wife.
Judgment Outcome
Judgment Favored
Partial
Relief Granted
Permanent prohibitory injunction from dispossessing the plaintiff from the plaint A schedule property.
Case Type
Civil Suit
Final Judgment
No
The court partially decreed the suit in favor of the plaintiff, restraining the defendants from dispossessing him from the property while acknowledging the defendants' rights as co-owners.
Key Reasoning:
Losing Side's Weaknesses:
Supporting Evidence
Judgment Evidence:
In the result, suit is decreed partly with costs as follows: 1) The defendant and their men are restrained by permanent prohibitory injunction from dispossessing the plaintiff from plaint A schedule property forcefully.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- George Cleetus M A
- Party Age
- 53
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sheela Sojan
- Party Age
- 47
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Sojan
- Party Age
- 49
- Relation
- S/o
Plaintiffs Documents
Certificate of Marriage, Certified copy of Sale deed No: 2422/1993, Original of Death Certificate of Mary, Original of official document for Covid 19 death, Tax paid receipt, Photocopy of Document in OA 1095/71
Defendants Documents
Original Gift deed No. 1039/22, Tax paid receipt issued from Mulavukad Village Office, Tax paid receipt issued from Mulavukad Village Office, Tax paid receipt issued from Mulavukad Village Office
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K G Cleetus
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Paul N N
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- P R Madhusoodhanan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Haseena K
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Partly Granted
Description:
Seeking to restrain the defendants and their men from dispossessing the plaintiff from the plaint A schedule property.
Evidence:
The court is satisfied that the plaintiff has every right to reside therein and he cannot be dispossessed by the defendant forcefully.
Relief Type:
Costs
Outcome:
Granted
Description:
Request for costs to be awarded in favor of the plaintiff.
Evidence:
Considering the facts and circumstances of the case, court does not find any reason for not awarding costs.
Documents & Evidence
Document Type:
Marriage Certificate
Submitted By:
Plaintiff
Relevance:
Used to establish the relationship between the plaintiff and the deceased wife.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Establishes the claim over the property by the plaintiff.
Reference:
Ext.A2
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Confirms the death of the plaintiff's wife, which is crucial for inheritance claims.
Reference:
Ext.A3
Document Type:
Official Document for Covid-19 Death
Submitted By:
Plaintiff
Relevance:
Supports the claim regarding the circumstances of the deceased's passing.
Reference:
Ext.A4
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Demonstrates the plaintiff's ongoing financial responsibility for the property.
Reference:
Ext.A5
Document Type:
Land Tribunal Document
Submitted By:
Plaintiff
Relevance:
Establishes ownership and boundary details concerning the property.
Reference:
Ext.A6
Document Type:
Gift Deed
Submitted By:
Defendant
Relevance:
Claims that the first defendant has rightful ownership of the property in dispute.
Reference:
Ext.B1
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
Used to demonstrate payment of taxes related to the defendant's claim on the property.
Reference:
Ext.B2
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
Supports the defendant's position regarding property maintenance.
Reference:
Ext.B3
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
Further corroborates the defendant's claim regarding ownership and tax responsibility.
Reference:
Ext.B4
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Provided findings relevant to the property conditions and possession during the court proceedings.
Reference:
Ext.C1
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between George Cleetus M A vs Sheela Sojan et al regarding permanent prohibitory injunction.
Case Code Year
Case between George Cleetus M A vs Sheela Sojan et al regarding permanent prohibitory injunction.