Case Summary
The plaintiff, Dr. Abraham George Plavelil, is seeking a mandatory injunction against the defendants, S. Ambili and V. Thankappan Nadar, who are occupying the plaint schedule property that he claims ownership over. The defendants allegedly obstructed the plaintiff's access to the property after the death of his father.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Mandatory injunction to vacate the unauthorized occupancy and costs of the suit.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, directing the defendants to vacate the unauthorized occupancy of the plaint schedule property within two months.
Why Plaintiff Won:
The plaintiff proved ownership and possession of the property, with unchallenged evidence.
The plaintiff proved ownership and possession of the property, with unchallenged evidence.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The evidence of plaintiff remains unchallenged. There is no reason to disbelieve PW1. Their is no contra evidence on record. From the available evidence, the plaintiff is entitled for a decree of mandatory injunction against the defendants to vacate the unauthorised occupancy in the plaint schedule property and not doing any acts adversely affecting the present nature of the property and not to commit any waste in the plaint schedule property.
Judgment Evidence:
In the result, the suit is decreed as follows:1) The defendant is directed to vacate the unauthorised occupancy in the plaint schedule property within two months from the date of decree and not doing any acts adversely affecting the present nature of the property and not to commit any waste in the plaint schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Dr. Abraham George Plavelil
- Party Age
- 72
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- S. Ambili
- Party Age
- 45
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- V. Thankappan Nadar
- Party Age
- 82
Plaintiffs Documents
Certified Copy of Sale Deed No.1359/1984, Certificate of Encumbrance, Death Certificate of Plavelil Abraham George.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. C. Sasidharan Pillai
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Defendant is directed to vacate the unauthorized occupancy in the plaint schedule property.
Evidence:
The defendant is directed to vacate the unauthorized occupancy in the plaint schedule property within two months from the date of decree.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiffs are entitled to real costs of the suit from the defendants.
Evidence:
Considering the facts and circumstances, the plaintiffs are entitled to realise costs of the suit from the defendants.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale deed No.1359/1984 which establishes the plaintiff's ownership.
Reference:
Ext.A1
Document Type:
Certificate of Encumbrance
Submitted By:
Plaintiff
Relevance:
Certificate dated 14/03/2016 relevant to the property in dispute.
Reference:
Ext.A2
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Death certificate of Plavelil Abraham George establishing the plaintiff's legal standing.
Reference:
Ext.A3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Report that ascertains the lie and nature of the plaint schedule property.
Reference:
Ext.C1
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
Evidence provided by the plaintiff during the court hearing.
Reference:
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
Case between Dr. Abraham George Plavelil vs S. Ambili et al regarding mandatory injunction and consequential reliefs.
Case Code Year
Case between Dr. Abraham George Plavelil vs S. Ambili et al regarding mandatory injunction and consequential reliefs.