Case Summary
K.B Manoj is the plaintiff seeking a permanent prohibitory injunction against Saraswathiamma, the defendant, who is claiming possession of a property previously owned by him. The case involves allegations of fraud regarding a sale deed.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
A decree of permanent prohibitory injunction restraining the defendant from trespassing on the plaint schedule property.
Case Type
Civil Suit
Final Judgment
No
The plaintiff K.B Manoj succeeded in proving his title and possession over the plaint schedule property, leading to a decree of permanent prohibitory injunction against the defendant.
Why Plaintiff Won:
The plaintiff successfully established his title and possession over the plaint schedule property.
The plaintiff successfully established his title and possession over the plaint schedule property.
Losing Side's Weaknesses:
The plaintiff successfully established his title and possession over the plaint schedule property.
The plaintiff successfully established his title and possession over the plaint schedule property.
Supporting Evidence
The plaintiff's evidence proved that he was in possession of the property and had not sold it; hence, fraud allegations by the defendant could not be substantiated.
Judgment Evidence:
In the result, OS 119/2021 is dismissed with costs. OS 115/2021 is decreed as follows; A decree of permanent prohibitory injunction is granted restraining the defendant from trespassing on plaint schedule property, destroying the cultivations and boundaries therein, making new constructions in plaint schedule property and committing any waste therein.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- K.B Manoj
- Party Age
- 52
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Saraswathiamma
- Party Age
- 75
- Relation
- D/o
Plaintiffs Documents
Certified copy of sale deed No.1893/2007 and sale deed No.3103/2013.
Defendants Documents
Sale deed No. 3103/2013 of S.R.O., Kanjirappally, Tax Receipt Thandaper No. 6905 of the Cheruvally Village.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- D. Muralidhar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- P.R. Anil Kumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Restraining the defendant from trespassing on plaint schedule property and committing any waste.
Evidence:
A decree of permanent prohibitory injunction is granted restraining the defendant from trespassing on plaint schedule property, destroying the cultivations and boundaries therein, making new constructions in plaint schedule property and committing any waste therein.
Relief Type:
Declaration
Outcome:
Refused
Description:
Plaintiff sought to declare the Sale deed No.3103/2013 as null and void.
Evidence:
The issues in OS 119/2021 are found against plaintiff and the suit liable to be dismissed.
Documents & Evidence
Document Type:
Certified copy of Sale Deed
Submitted By:
Plaintiff
Relevance:
Produced by the plaintiff to establish title over the plaint schedule property.
Reference:
Ext.A1
Document Type:
Certified copy of Sale Deed
Submitted By:
Plaintiff
Relevance:
Produced by the plaintiff to establish the alleged fraudulent sale.
Reference:
Ext.A2
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Relied upon by the defendant to establish title over the plaint schedule property.
Reference:
Ext.B1
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
Used by the defendant to support possession of the plaint schedule property.
Reference:
Ext.B2
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
Used by the defendant to support possession of the plaint schedule property.
Reference:
Ext.B3
Document Type:
Possession Certificate
Submitted By:
Defendant
Relevance:
Presented by the defendant to claim possession of the plaint schedule property.
Reference:
Ext.B4
Document Type:
Possession Certificate
Submitted By:
Defendant
Relevance:
Presented by the defendant to claim possession of the plaint schedule property.
Reference:
Ext.B5
Document Type:
Form 59
Submitted By:
Defendant
Relevance:
Official communication supporting the transfer of ownership to the defendant.
Reference:
Ext.B6
Document Type:
Mahazar
Submitted By:
Court
Relevance:
Commissioner's report providing evidence regarding the condition of the plaint schedule property.
Reference:
Ext.C1
Document Type:
Sketch
Submitted By:
Court
Relevance:
Visual representation prepared by the Commissioner related to the plaint schedule property.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Common Reasons
Case Code
O.S
Case Code Year
2021