Case Summary
Divya Kumar.P is seeking recovery of possession of her property from her parents and sister, who are currently residing there. The plaintiff contends that the defendants are in illegal possession and has filed this suit after her attempts to evict them were unsuccessful.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Recovery of possession of the plaint schedule property.
Case Type
Civil Suit
Final Judgment
No
The court partly decreed the suit in favor of the plaintiff, allowing her to recover possession of the property from the defendants, who are her parents and sister. The claim for mesne profits was dismissed.
Why Plaintiff Won:
The plaintiff proved her ownership and the defendants' unlawful possession.
The plaintiff proved her ownership and the defendants' unlawful possession.
Losing Side's Weaknesses:
The plaintiff proved her ownership and the defendants' unlawful possession.
The plaintiff proved her ownership and the defendants' unlawful possession.
Supporting Evidence
The plaintiff demonstrated her absolute ownership of the property and the unlawful possession of the defendants.
Judgment Evidence:
In the result, the suit is partly decreed as follows: (a)The plaintiff is entitled to recover the possession of the plaint schedule property from the defendants 1 to 3. The defendants 1 to 3 are directed to vacate further plaint schedule property and hand over vacant possession of the plaint schedule property to the plaintiff within three months from the date of this judgment.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Divya Kumar.P
- Party Age
- 38
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Peethambaran
- Party Age
- 70
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Prasanna
- Party Age
- 59
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Vidya
- Party Age
- 34
- Relation
- D/o
Plaintiffs Documents
Certified Copy of Sale Deed No. 424/2013, Tax receipt, Copy of request given to the Tahsildar, Copy of reply given by the Tahsildar, Copy of the complaint.
Defendants Documents
Purchase Agreement and The portion of statement in Ext.B1, Receipt.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Rajeev
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Bincy Job
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. R. Vidhyadharan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
The plaintiff was granted possession of the plaint schedule property.
Evidence:
The defendants 1 to 3 are directed to vacate further plaint schedule property and hand over vacant the possession of the plaint schedule property to the plaintiff within three months from the date of this judgment.
Relief Type:
Mesne Profits
Outcome:
Rejected
Description:
The plaintiff sought mesne profits from the defendants for the period of unlawful possession.
Evidence:
Accordingly, in the absence of reliable material on record, the claim for mesne profits amounting to 1,74,000/- is not liable to be allowed.
Documents & Evidence
Document Type:
Certified copy of Sale Deed
Submitted By:
Plaintiff
Relevance:
Establishes the plaintiff's ownership of the property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Supports the claim of ownership by providing proof of property tax.
Reference:
Ext.A2
Document Type:
Copy of request given to the Tahsildar
Submitted By:
Plaintiff
Relevance:
Demonstrates the plaintiff's attempts to address issues with the property.
Reference:
Ext.A3
Document Type:
Copy of reply given by the Tahsildar
Submitted By:
Plaintiff
Relevance:
Further supports the plaintiff's claims related to the property.
Reference:
Ext.A4
Document Type:
Copy of the complaint
Submitted By:
Plaintiff
Relevance:
Indicates the steps taken by the plaintiff prior to filing the lawsuit.
Reference:
Ext.A5
Document Type:
Purchase Agreement
Submitted By:
Defendant
Relevance:
Submitted by the defendants to establish their claim of ownership over the property.
Reference:
Ext.B1
Document Type:
Receipt
Submitted By:
Defendant
Relevance:
Related to the defendants' claims concerning the property.
Reference:
Ext.B2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Provides evidence regarding the possession of the property.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Assists in understanding the layout and possession details of the property.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Unauthorized occupation
Case Code
OS.NO.
Case Code Year
2020