Case Summary
The plaintiff, Smt. Sheela Rajendran, a widow, is suing local musclemen and her sister-in-laws for trespassing and harassment concerning her inherited property. She seeks a permanent injunction to prevent them from interfering with her rental business and personal peace.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
A decree of permanent prohibitory injunction is passed restraining the defendants and their men and agents from trespassing into any portion of the plaint schedule property.
Case Type
Civil Suit
Final Judgment
No
The court granted a permanent prohibitory injunction against the defendants, preventing them from trespassing and interfering with the plaintiff's rights over the property. The plaintiff is also entitled to recover costs from the defendants.
Why Plaintiff Won:
The court found that the plaintiff had the legal right over the property based on the evidence presented, including the original release deed and other supporting documents.
The court found that the plaintiff had the legal right over the property based on the evidence presented, including the original release deed and other supporting documents.
Losing Side's Weaknesses:
The court found that the plaintiff had the legal right over the property based on the evidence presented, including the original release deed and other supporting documents.
The court found that the plaintiff had the legal right over the property based on the evidence presented, including the original release deed and other supporting documents.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1 to A4 established her case as pleaded by her. It shows that the plaintiff has got right over plaint schedule property.
Judgment Evidence:
In the result, suit is decreed as follows. A decree of permanent prohibitory injunction is passed restraining the defendants and their men and agents from trespassing into any portion of the plaint schedule property and from doing any acts detrimental to the plaintiff and her minor children's right, title, interest and possession and peaceful enjoyment over the plaint schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Smt. Sheela Rajendran
- Party Age
- 43
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Sri. Sundaran
- Party Age
- 48
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sathishkumar.T.N.
- Party Age
- 52
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Smt. Sunandakumari @ Sunanda Janardhanan
- Party Age
- 52
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Smt. Prasanna Dileep
- Party Age
- 44
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Smt. Nirmala @ Nirmala Krishnankutty
- Party Age
- 42
- Relation
- W/o
Plaintiffs Documents
Original release deed No.1481/2008, Original tax receipt, Original possession certificate, Original partition deed No.2689/1997
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Varghese P. Chacko
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sreekala K.S.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Tincy M.B.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Rajesh K. Raju
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent prohibitory injunction restraining the defendants from trespassing into the property.
Evidence:
A decree of permanent prohibitory injunction is passed restraining the defendants and their men and agents from trespassing into any portion of the plaint schedule property.
Relief Type:
Costs
Outcome:
Granted
Description:
Entitlement of the plaintiff to recover costs from the defendants.
Evidence:
The plaintiff is entitled to realize costs of the suit from the defendants and from their assets.
Documents & Evidence
Document Type:
Release deed
Submitted By:
Plaintiff
Relevance:
Original release deed establishing property ownership.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt supporting plaintiff's claims regarding property.
Reference:
Ext.A2
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
Possession certificate validating plaintiff's right to the property.
Reference:
Ext.A3
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Partition deed further supporting the plaintiff's claim over the property.
Reference:
Ext.A4
Document Type:
Oral Evidence
Submitted By:
Plaintiff
Relevance:
Unrebutted oral testimony of the plaintiff establishing her case.
Reference:
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. Sheela Rajendran vs Sri. Sundaran et al regarding Permanent prohibitory injunction
Case Code Year
Case between Smt. Sheela Rajendran vs Sri. Sundaran et al regarding Permanent prohibitory injunction
Case Flags
Arrest Involved