Case Summary
The plaintiff, Smt. Gauri Sukumaran, claims ownership of the property and seeks a mandatory injunction to evict the defendant, Seena Bharghavan, who is unlawfully occupying the premises. The defendant argues that she has rights over the property as it is a shared household.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Mandatory injunction to vacate the plaint schedule property
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, granting a mandatory injunction directing the defendant to vacate the plaint schedule property. The defendant's claims to rights over the property were found to be without merit.
Why Plaintiff Won:
The plaintiff proved her ownership of the property and established that the defendant had only permissive occupation, which was not legally valid.
The plaintiff proved her ownership of the property and established that the defendant had only permissive occupation, which was not legally valid.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The case that is raised by the plaintiff is that the defendant is having only permissive occupation in the plaint schedule property and that such aspect has been clearly pleaded in the plaint and that even though such specific pleading had been made as regards to permissive occupation of the defendant in the plaint schedule property, there is no specific denial of the same in the written statement.
Judgment Evidence:
In the result, the suit is partly decreed as follows: The defendant is directed by a decree of mandatory injunction to vacate the plaint schedule property and put the plaintiff in possession of the same.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Smt. Gauri Sukumaran
- Party Age
- 85
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Seena Bharghavan
- Party Age
- 52
- Relation
- W/o
Plaintiffs Documents
Sale Deed No. 1873/2005, Lawyer Notice, Postal Receipt
Defendants Documents
Certificate issued by Jayanthi Road - Residents Association, True copy of Order in CMP No. 3900/2024 in M.C No. 41/2024
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Dinesh Rao A
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Yohaan K. Xavier
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- K. Manuraj
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sakhi Gopalan
- Appearance Type
- Main Counsel
- Law Firm
- Legal Aid Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Directing the defendant to vacate the plaint schedule property.
Evidence:
The defendant is directed by a decree of mandatory injunction to vacate the plaint schedule property and put the plaintiff in possession of the same.
Relief Type:
Damages
Outcome:
Refused
Description:
Direct the defendant to pay ₹25,000 per month as mesne profits/damages for the use and occupation of the plaint schedule property from the date of the suit.
Evidence:
Claim for damages as sought for in the suit at hand is without any merits.
Relief Type:
Other
Outcome:
Not Decided
Description:
Direct the defendant to pay the full costs of the proceedings.
Evidence:
The parties are directed to suffer their respective costs to the suit.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Establishes the ownership of the plaint schedule property by the plaintiff.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notifies the defendant of the termination of the license and demands vacation of the property.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Evidence of sending the lawyer's notice to the defendant.
Reference:
Ext.A3
Document Type:
Computer print out of Track Consignment
Submitted By:
Plaintiff
Relevance:
Subject to proof.
Reference:
Ext.A4
Document Type:
Computer print out of Discharge Summary
Submitted By:
Plaintiff
Relevance:
Subject to proof.
Reference:
Ext.A5
Document Type:
Certificate
Submitted By:
Plaintiff
Relevance:
Subject to proof.
Reference:
Ext.A6
Document Type:
Certificate issued by Residents Association
Submitted By:
Defendant
Relevance:
To support the defendant's position regarding residency.
Reference:
Ext.B1
Document Type:
True copy of Order in CMP
Submitted By:
Defendant
Relevance:
Supports the defendant's claim of rights over the property.
Reference:
Ext.B2
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 Smt. Gauri Sukumaran vs Seena Bharghavan regarding mandatory injunction and damages
Case Code Year
Case between Smt. Gauri Sukumaran vs Seena Bharghavan regarding mandatory injunction and damages