Case Summary
The plaintiffs, Vimal Raj and his minor daughter Vismaya, have filed a suit against the defendant, Suresh Kumar, seeking a mandatory injunction to vacate a shed on their property. The plaintiffs claim possession of the land through a settlement deed, while the defendant disputes their ownership, claiming adverse possession.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Mandatory injunction to vacate the shed and prohibitory injunction against trespassing onto plaintiffs' property.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiffs, ordering the defendants to vacate the shed within three months and restraining them from trespassing onto the plaintiffs' property.
Why Plaintiff Won:
The court found that the defendants were in permissive possession and had no legal right to remain on the property.
The court found that the defendants were in permissive possession and had no legal right to remain on the property.
Losing Side's Weaknesses:
The court found that the defendants were in permissive possession and had no legal right to remain on the property.
The court found that the defendants were in permissive possession and had no legal right to remain on the property.
Supporting Evidence
The defendants claimed adverse possession which was not sustainable as such claims cannot be made against family members born of permission.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: The defendants are directed to vacate from plaint B schedule shed and handover vacant possession to the plaintiff within a period of 3 months from the date of decree, failing which the plaintiff is entitled to get vacant possession through court.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Vimal Raj
- Party Age
- 42
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Vismaya.S.Raj
- Party Age
- 12
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Suresh Kumar.B
- Party Age
- 50
- Relation
- S/o
Plaintiffs Documents
Original Settlement Deed No.3057/2017, Tax receipt dated 20/06/2019, Certified Copy of Sale Deed No.1530/2008, Certified Copy of Sale Deed No.2227/1987, Tax receipt dated 25/07/2017
Defendants Documents
Ration Card, SSLC Book of Sri.Sureshkumar, Marriage Certificate of Sri.Sureshkumar, Election Id Card of Sri.Bhaskaran, Aadhar Card of Smt.Sarada, Election Id Card of Smt.Sarada, Election Id Card of Sri.Sureshkumar, Voters Id For 3rd Defendant, Voters Id For 4th Defendant
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. K.S.Gopinathan Nair
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Biju.P.S.
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
The defendants are directed to vacate the plaint B schedule shed and handover vacant possession to the plaintiff.
Evidence:
The defendants are directed to vacate from plaint B schedule shed and handover vacant possession to the plaintiff within a period of 3 months from the date of decree.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendants are restrained from trespassing into plaint A schedule property.
Evidence:
The defendants are restrained from trespassing into plaint A schedule property.
Documents & Evidence
Document Type:
Original settlement deed
Submitted By:
Plaintiff
Relevance:
This document establishes the plaintiffs' ownership and possession of the plaint A schedule property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
This tax receipt pertains to the plaint A schedule property and supports the claim of the plaintiffs.
Reference:
Ext.A2
Document Type:
Certified copy of Sale Deed
Submitted By:
Plaintiff
Relevance:
This document is relevant to establishing the transfer of ownership of the property to the plaintiffs.
Reference:
Ext.A3
Document Type:
Certified copy of Sale Deed
Submitted By:
Plaintiff
Relevance:
This document is relevant to the ownership history of the property, establishing the plaintiffs' claim.
Reference:
Ext.A4
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
This tax receipt supports the claim related to the ownership and possession of the plaint A schedule property.
Reference:
Ext.A5
Document Type:
Ration Card
Submitted By:
Defendant
Relevance:
This document provides evidence regarding the residence of the defendant's family in the plaint B schedule property.
Reference:
Ext.B1
Document Type:
SSLC Book
Submitted By:
Defendant
Relevance:
This document identifies the defendant and supports the claim of residence in the plaint B schedule property.
Reference:
Ext.B2
Document Type:
Marriage Certificate
Submitted By:
Defendant
Relevance:
This document establishes the family relations of the defendant relevant to the case.
Reference:
Ext.B3
Document Type:
Election ID Card
Submitted By:
Defendant
Relevance:
This document verifies the identity of the defendant or their family members.
Reference:
Ext.B4
Document Type:
Aadhar Card
Submitted By:
Defendant
Relevance:
This document verifies the identity of the defendant's family members.
Reference:
Ext.B5
Document Type:
Election ID Card
Submitted By:
Defendant
Relevance:
This document verifies the identity of the defendant's family members.
Reference:
Ext.B6
Document Type:
Election ID Card
Submitted By:
Defendant
Relevance:
This document verifies the identity of the defendant.
Reference:
Ext.B7
Document Type:
Voters Id
Submitted By:
Defendant
Relevance:
This document verifies the identity of one of the additional defendants.
Reference:
Ext.B8
Document Type:
Voters Id
Submitted By:
Defendant
Relevance:
This document verifies the identity of one of the additional defendants.
Reference:
Ext.B9
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 Vimal Raj vs Suresh Kumar et al regarding mandatory and permanent prohibitory injunction
Case Code Year
Case between Vimal Raj vs Suresh Kumar et al regarding mandatory and permanent prohibitory injunction