Case Summary
Plaintiff filed a suit seeking a mandatory injunction to evict defendants from the house in the disputed property and a perpetual injunction to prevent their re-entry. Defendants claimed shared ownership and right to reside.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Mandatory injunction to vacate the premises and perpetual injunction against re-entry
Case Type
Civil Suit - Mandatory and Perpetual Injunction
Final Judgment
No
Why Plaintiff Won:
The plaintiff proved valid title and possession over the property through settlement deed and tax receipts while defendants failed to establish any ownership rights.
The plaintiff proved valid title and possession over the property through settlement deed and tax receipts while defendants failed to establish any ownership rights.
Judgment Evidence:
The suit is decreed as follows: 1) The defendants are directed by a mandatory injunction to vacate the house in the plaint schedule property within a period of four months from today. 2) The defendants are restrained by a perpetual injunction from entering into the plaint schedule property after vacating the house as directed above.
Parties Involved
Plaintiffs
Kalappurayil Santhi (43 years)
Alathiyoor Amsom, Desom, Tirur Talluk
Defendants
Santhosh Kalappurayil (37 years)
Alathiyoor Amsom, Desom, Tirur Talluk
Vijitha. V.Kumar (29 years)
Alathiyoor Amsom, Desom, Tirur Talluk
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
To vacate the house from the disputed property within four months
Evidence:
The defendants are directed by a mandatory injunction to vacate the house in the plaint schedule property within a period of four months from today.
Relief Type:
Perpetual Injunction
Outcome:
Granted
Description:
To restrain defendants from re-entering the property
Evidence:
The defendants are restrained by a perpetual injunction from entering into the plaint schedule property after vacating the house as directed above.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Established plaintiff's ownership over the disputed property
Reference:
Certified copy of Settlement Deed No. 2650/2013
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Evidenced payment of tax by the plaintiff for the property
Reference:
Copy of Tax Receipt
Document Type:
Wound Certificate
Submitted By:
Plaintiff
Relevance:
Evidence of assault on the plaintiff
Reference:
Wound Certificate