Case Summary
The plaintiffs are the legal heirs of the deceased Reghu Kumar, seeking to recover possession of property from the defendants, who they claim are trespassers. The case involves issues of ownership and entitlement to the property after the death of the real owner.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiffs are entitled to the recovery of possession of the plaint schedule property and a permanent injunction against the defendants.
Case Type
Civil Suit
Final Judgment
No
The suit for recovery of possession and permanent injunction is decreed in favor of the plaintiffs, establishing their ownership of the plaint schedule property and restraining the defendants from trespassing.
Why Plaintiff Won:
The plaintiffs established their ownership and possession through unimpeachable evidence, and the defendants failed to provide any proof of their claims.
The plaintiffs established their ownership and possession through unimpeachable evidence, and the defendants failed to provide any proof of their claims.
Losing Side's Weaknesses:
The plaintiffs established their ownership and possession through unimpeachable evidence, and the defendants failed to provide any proof of their claims.
The plaintiffs established their ownership and possession through unimpeachable evidence, and the defendants failed to provide any proof of their claims.
Supporting Evidence
It is evident from Ext.A1 that the late Sri.Reghu Kumar was the owner of the plaint schedule property. Furthermore, the plaintiffs have demonstrated their lawful ownership and possession through unrebutted evidence.
Judgment Evidence:
In the result; the suit is decreed as follows: (a) The plaintiff is entitled to the recovery of possession of the plaint schedule property from the defendants 3 to 6. (b) Let the defendants 3 to 6 and anyone claiming through them, be perpetually restrained from trespassing into the plaint schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sathi.V
- Party Age
- 51
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Saritha.R.S
- Party Age
- 51
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Haritha.R.S
- Party Age
- 27
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Francis
- Party Age
- 82
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Haritha.R.S
- Party Age
- 27
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Eliamma
- Party Age
- 70
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Sherly
- Party Age
- 40
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Shyni
- Party Age
- 38
- Relation
- D/o
Plaintiffs Documents
Certified copy of the sale deed No. 702/1999, Tax receipt, Possession Certificate, Location Certificate, Location Map, Thandaper Extract, Original Death Certificate, Certificate of Encumbrance of Property.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- G. Rajeev
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Radhika S Nair
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Recovery of possession of the plaint schedule property from the defendants.
Evidence:
The plaintiff is entitled to the recovery of possession of the plaint schedule property from the defendants 3 to 6.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Perpetual restraint on the defendants from trespassing into the property.
Evidence:
Let the defendants 3 to 6 and anyone claiming through them, be perpetually restrained from trespassing into the plaint schedule property.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the sale deed establishing the plaintiffs' ownership of the property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt demonstrating the payment of land tax by the deceased owner.
Reference:
Ext.A2
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
Original possession certificate confirming the plaintiffs' possession of the property.
Reference:
Ext.A3
Document Type:
Location Certificate
Submitted By:
Plaintiff
Relevance:
Certificate showing the location of the property.
Reference:
Ext.A4
Document Type:
Location Map
Submitted By:
Plaintiff
Relevance:
Map indicating the geographical location of the property.
Reference:
Ext.A5
Document Type:
Thandaper Extract
Submitted By:
Plaintiff
Relevance:
Extract of land records relevant to the plaint schedule property.
Reference:
Ext.A6
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Original death certificate of the deceased owner confirming their demise.
Reference:
Ext.A7
Document Type:
Encumbrance certificate
Submitted By:
Plaintiff
Relevance:
Certificate indicating the encumbrances on the property.
Reference:
Ext.A8
Document Type:
Commission Report & Rough Sketch
Submitted By:
Court
Relevance:
Court documents prepared during the commission process.
Reference:
Ext.C1 & Ext.C1(a)
Document Type:
Commission report and Survey plan
Submitted By:
Court
Relevance:
Court documents related to the survey of the property.
Reference:
Ext.C2 & Ext.C2(a)
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
OS.NO.
Case Code Year
2014