Case Summary
Vasanthakumari.K.V filed a suit against A.Sajan for permanent prohibitory injunction and mandatory injunction regarding encroachments and unpaid rent. The plaintiff sought to restrain the defendant from trespassing and to remove constructions from her property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction and mandatory injunction, with a deadline for removal of constructions.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the defendant is restrained from trespassing and must remove all constructions made in the plaintiff's property within three months. The plaintiff is also entitled to recover costs of the suit.
Why Plaintiff Won:
The plaintiff proved ownership and possession over the property and the defendant’s unauthorized encroachments.
The plaintiff proved ownership and possession over the property and the defendant’s unauthorized encroachments.
Losing Side's Weaknesses:
The plaintiff proved ownership and possession over the property and the defendant’s unauthorized encroachments.
The plaintiff proved ownership and possession over the property and the defendant’s unauthorized encroachments.
Supporting Evidence
From the oral and documentary evidence adduced from the side of plaintiff, the plaintiffs’ ownership and possession over the plaint A schedule property is proved.
Judgment Evidence:
The suit is decreed as follows: (I) The defendant is restrained from trespassing, possessing or making construction in the B schedule car shed and C schedule cellar.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Vasanthakumari.K.V
- Party Age
- 64
- Relation
- W/o Late Surendran
- Party Role
- Defendant
- Party Name
- A.Sajan
- Party Age
- 47
- Relation
- S/o. Arjunan
Plaintiffs Documents
Certified copy of Sale Deed No. 343/96, Original Tax Receipt, Copy of rental Agreement
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Mohan Varghese
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent prohibitory injunction restraining the defendant from trespassing, possessing or making construction in the B schedule car shed and C schedule cellar.
Evidence:
The defendant is restrained from trespassing, possessing or making construction in the B schedule car shed and C schedule cellar.
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Direction for the defendant to remove all constructions made in the B schedule car shed and remove all objects and waste materials from the C schedule cellar within a specified period.
Evidence:
The defendant is directed to remove all the constructions made in the plaint B schedule car shed and remove all the objects, waste materials from the plaint C schedule cellar within a period of 3 months from the date of decree.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale Deed No. 343/96 evidencing ownership of the plaint A schedule property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Original Tax Receipt evidencing payment of tax related to the plaint A schedule property.
Reference:
Ext.A2
Document Type:
Rental Agreement
Submitted By:
Plaintiff
Relevance:
Copy of rental agreement between the plaintiff and defendant detailing the lease terms for the ground floor of plaint A schedule building.
Reference:
Ext.A3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report ascertaining the waste materials dumped into the car shed and cellar portion of plaint B and C schedule properties.
Reference:
Ext.C1
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
Case between Vasanthakumari.K.V vs A.Sajan regarding permanent prohibitory injunction and mandatory injunction
Case Code Year
Case between Vasanthakumari.K.V vs A.Sajan regarding permanent prohibitory injunction and mandatory injunction