Case Summary
The plaintiff, Janardhanan Pillai, is seeking a declaration of title and possession over certain properties and injunction against the defendants living in a building on said properties. The plaintiff claims the defendants have no legal rights to the properties they occupy.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Declaration of ownership, direction to vacate the property, and a permanent prohibitory injunction.
Case Type
Civil Suit
Final Judgment
No
The court declared the plaintiff as the absolute owner of the property and directed the defendants to vacate within fifteen days. A permanent prohibitory injunction was also granted against the defendants.
Why Plaintiff Won:
The plaintiff established ownership and possession of the property through unchallenged evidence.
The plaintiff established ownership and possession of the property through unchallenged evidence.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
Through the unchallenged oral and documentary evidence adduced by the plaintiff, the plaintiff has established that he is the absolute owner in possession of plaint schedule properties.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. It is hereby declared that the plaintiff is the absolute owner and in possession of plaint B schedule building. 2. Defendants 2 to 5 are hereby directed to vacate the plaint B schedule building within fifteen days from the date of this decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Janardhanan Pillai
- Party Age
- 77
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Babu
- Party Age
- 55
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Rajamma
- Party Age
- 50
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Rajesh
- Party Age
- 33
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Ambika
- Party Age
- 39
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Raju. S.
- Party Age
- 45
- Relation
- S/o
Plaintiffs Documents
Certified copy of will No. 20/III/1992, Tax receipt dated 25/07/2022.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. V. Ramesh
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Declares the plaintiff as the absolute owner and in possession of plaint B schedule building.
Evidence:
It is hereby declare that the plaintiff is the absolute owner and in possession of plaint B schedule building.
Relief Type:
Eviction
Outcome:
Granted
Description:
Directs defendants 2 to 5 to vacate the plaint B schedule building within fifteen days.
Evidence:
Defendants 2 to 5 are hereby directed to vacate the plaint B schedule building within fifteen days from the date of this decree.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Restrains defendants from trespassing into the plaint A schedule property and committing waste.
Evidence:
A permanent prohibitory injunction is granted in favour of the plaintiff and the defendant nos. 2 to 5 are restrained from trespassing into the portion of plaint A schedule property.
Documents & Evidence
Document Type:
Certified copy of Will
Submitted By:
Plaintiff
Relevance:
Used to establish the plaintiff's title and ownership of the property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Demonstrated the plaintiff's continued ownership and responsibility for the property.
Reference:
Ext.A2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Provided evidence regarding the state of the property as assessed by the Advocate Commissioner.
Reference:
Ext.C1
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiffs Court, Varkala
Common Reasons
Case Code
Case between Janardhanan Pillai vs Babu et al regarding declaration and decree of permanent prohibitory injunction.
Case Code Year
Case between Janardhanan Pillai vs Babu et al regarding declaration and decree of permanent prohibitory injunction.