Case Summary
C.V.Sujai, the plaintiff, is the owner of a property and seeks an injunction against Christudas, the defendant, who has been interfering with his ownership and possession. The court has found in favor of the plaintiff based on the evidence provided.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent injunction against the defendant and costs of the suit.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit, restraining the defendant from interfering with the plaintiff's property. The plaintiff is also entitled to recover costs from the defendant.
Why Plaintiff Won:
The evidence presented by the plaintiff was unchallenged and compelling.
The evidence presented by the plaintiff was unchallenged and compelling.
Losing Side's Weaknesses:
The evidence presented by the plaintiff was unchallenged and compelling.
The evidence presented by the plaintiff was unchallenged and compelling.
Supporting Evidence
The evidence of plaintiff remains unchallenged. There is no reason to disbelieve PW1. Their is no contra evidence on record.
Judgment Evidence:
In the result, The suit is decreed as follows: (i) The defendant is restrained from trespassing or encroaching upon the plaint schedule property, effecting any construction or committing waste upon the plaint schedule property and from interfering with the ownership, possession and peaceful enjoyment of the plaint schedule property by the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- C.V.Sujai
- Party Age
- 51
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Christudas
- Party Age
- 70
Plaintiffs Documents
Copy of Sale Deed No.2662/1990, Copy of Tax Receipt, Copy of Request Letter, Copy of Report from Village Office, Ulloor, Certified copy of Judgment in W.P (c) No. 9730/2019, Notice
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt. Reeja Hari
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendant is restrained from trespassing or encroaching upon the plaint schedule property.
Evidence:
The suit is decreed as follows: (i) The defendant is restrained from trespassing or encroaching upon the plaint schedule property, effecting any construction or committing waste upon the plaint schedule property and from interfering with the ownership, possession and peaceful enjoyment of the plaint schedule property by the plaintiff.
Relief Type:
Other
Outcome:
Granted
Description:
Considering the facts and circumstances, the plaintiff is entitled to realize costs of the suit from the defendant.
Evidence:
Considering the facts and circumstances, the plaintiff is entitled to realize costs of the suit from the defendant.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
The Sale Deed establishes the plaintiff's ownership of the property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
The tax receipt supports the plaintiff's possession of the property.
Reference:
Ext.A2
Document Type:
Request letter
Submitted By:
Plaintiff
Relevance:
The request letter seeks a survey and demarcation of the property.
Reference:
Ext.A3
Document Type:
Report
Submitted By:
Plaintiff
Relevance:
The report from the Village Officer confirms the plaintiff's possession.
Reference:
Ext.A4
Document Type:
Judgment Copy
Submitted By:
Plaintiff
Relevance:
The certified copy supports the plaintiff's position in the suit.
Reference:
Ext.A5
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
The notice is part of the proceedings related to the property.
Reference:
Ext.A6
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 C.V.Sujai vs Christudas regarding injunction.
Case Code Year
Case between C.V.Sujai vs Christudas regarding injunction.