Case Summary
The plaintiff, Mohanan, a businessman, filed suit against the defendant, the Manager of MES English Medium School, for unlawfully erecting iron pillars in front of his residence, obstructing access and light. The plaintiff sought a permanent injunction to remove these obstructions.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant is directed to remove the installed pillars and board; costs of the suit to be recovered from the defendant.
Case Type
Civil Suit
Final Judgment
No
The court granted a partial decree in favor of the plaintiff, directing the defendant to remove the iron pillars and board installed in front of the plaintiff's house.
Why Plaintiff Won:
Plaintiff successfully proved the case and there was no evidence to rebut the plaintiff's claims.
Plaintiff successfully proved the case and there was no evidence to rebut the plaintiff's claims.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
By producing Exts. A1 to A3 and Ext.C1 series and by deposing in tune with the plaint averments in the affidavit, the plaintiff have succeeded in proving his case.
Judgment Evidence:
In the result, this suit is decreed in part as follows: (i) The defendant and his men or agent are hereby restrained from installing any iron pillars or board on any portion of the front coverage of the plaintiff's residence. (ii) The defendant is hereby directed to remove the pillar and the board installed on 11/09/2023 in front of plaintiff's house.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Mohanan
- Party Age
- 64
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- The Manager, MES English Medium School
Plaintiffs Documents
Certified copy of Sale Deed No. 3174/2021, Land Tax Receipt, Copy of Letter issued by Assistant Engineer, Electric Section, Perinad.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Adv. Shabana Sunil
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Adv. Dhanya Mohan
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. B.Anoop
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendant and his men or agent are restrained from installing any iron pillars or board on any portion of the front coverage of the plaintiff's residence.
Evidence:
The defendant and his men or agent are hereby restrained from installing any iron pillars or board on any portion of the front coverage of the plaintiff's residence.
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Defendant is directed to remove the pillar and the board installed on 11/09/2023 in front of plaintiff's house.
Evidence:
The defendant is hereby directed to remove the pillar and the board installed on 11/09/2023 in front of plaintiff's house.
Relief Type:
Cost Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize costs of the suit from the defendant.
Evidence:
The plaintiff is entitled to realize costs of the suit from the defendant.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale deed No. 3174/2021 dated 18/11/2021 of SRO, Kundara showing ownership of the property.
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Land tax receipt dated 12/05/2022 showing payment of taxes for the property.
Reference:
Ext.A2
Document Type:
Letter from Assistant Engineer
Submitted By:
Plaintiff
Relevance:
Copy of letter dated 14/10/2022 issued by Assistant Engineer, Electric Section, Perinadu regarding construction prohibitions.
Reference:
Ext.A3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report noticing the pillars erected by the defendant in front of the plaintiff's residence.
Reference:
Ext.C1 series
Case Classification
Case Type
Civil Suit
Category
Injunction and Access Rights
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Unauthorized occupation
Case Code
OS.
Case Code Year
2023