Case Summary
Sunil Kupperi is the plaintiff claiming ownership of a property while Leela, the defendant, was a maid in the household. Sunil is seeking an order to vacate the premises as Leela has failed to leave despite requests.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant is directed to vacate the plaint schedule property and building and hand over vacant possession to the plaintiff within a period of 2 months.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the defendant must vacate the property within 2 months and is restrained from making any new constructions on the property.
Why Plaintiff Won:
The plaintiff proved ownership and possession of the property, and the defendant's failure to vacate despite opportunities presented.
The plaintiff proved ownership and possession of the property, and the defendant's failure to vacate despite opportunities presented.
Losing Side's Weaknesses:
The plaintiff proved ownership and possession of the property, and the defendant's failure to vacate despite opportunities presented.
The plaintiff proved ownership and possession of the property, and the defendant's failure to vacate despite opportunities presented.
Supporting Evidence
The evidence of plaintiff remains unchallenged. There is no reason to disbelieve PW1. Their is no contra evidence on record.
Judgment Evidence:
In the result, the suit is decreed as follows: (i) The defendant is directed to vacate from the plaint schedule property and building and hand over vacant possession of the same to the plaintiff within in a period of 2 months from the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sunil Kupperi
- Party Age
- 54
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Leela
- Party Age
- 73
- Relation
- D/o
Plaintiffs Documents
Settlement Deed No.2452/2015, Release deed No.293/2016, Tax receipt No.KL01011211260/2022, Building tax receipt No.6010711395710, Ownership certificate No.4016705/836/2019
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. D. Arun
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. L.Sandhya
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Abhijith D.
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Defendant is directed to vacate from the plaint schedule property and building.
Evidence:
The defendant is directed to vacate from the plaint schedule property and building and hand over vacant possession of the same to the plaintiff within in a period of 2 months from the date of decree.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendant is restrained from making any new constructions in the plaint schedule property.
Evidence:
The defendant is restrained from making any new constructions in the plaint schedule property and also from committing waste in the plaint schedule property.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to costs of the suit from the defendant.
Evidence:
Considering the facts and circumstances, the plaintiff is entitled to realise costs of the suit from the defendant.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Certified Copy of Settlement Deed No.2452/2015 establishing plaintiff's ownership of the property.
Reference:
Ext.A1
Document Type:
Release deed
Submitted By:
Plaintiff
Relevance:
Certified Copy of Release Deed No.293/2016 releasing rights reserved in the settlement deed.
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt evidencing the payment of property tax for the plaint schedule property.
Reference:
Ext.A3
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
Evidence of payment of building tax for the plaint schedule property.
Reference:
Ext.A4
Document Type:
Ownership Certificate
Submitted By:
Plaintiff
Relevance:
Certificate establishing the ownership of the property.
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Eviction and Rent Control
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
Case between Sunil Kupperi vs Leela regarding mandatory injunction and permanent prohibitory injunction
Case Code Year
Case between Sunil Kupperi vs Leela regarding mandatory injunction and permanent prohibitory injunction