Case Summary
The plaintiff, Vijayan.M, purchased property from the defendant, Priji Chandran, but the defendant threatened to take possession of the property. The court proceedings were held ex parte as the defendant did not file a written statement.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction and costs of the suit.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the defendant is restrained from trespassing into the plaint schedule property and disturbing the plaintiff's possession and enjoyment of the property.
Why Plaintiff Won:
The plaintiff's ownership and peaceful possession over the property were proven by evidence.
The plaintiff's ownership and peaceful possession over the property were proven by evidence.
Losing Side's Weaknesses:
The plaintiff's ownership and peaceful possession over the property were proven by evidence.
The plaintiff's ownership and peaceful possession over the property were proven by evidence.
Supporting Evidence
Having considered the oral and documentary evidence adduced from the side of plaintiff, the plaintiffs’ ownership and possession over the plaint schedule property is proved by PW1 and Exts.A1 and A2.
Judgment Evidence:
The suit is decreed as follows: (I) The defendants are restrained from trespassing into plaint schedule property and disturbing plaintiff’s peaceful possession and enjoyment over the same. (ii) Considering the facts and circumstances, the plaintiff is entitled to realise costs of the suit from the defendants.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Vijayan.M
- Party Age
- 64
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Priji Chandran
- Party Age
- 49
- Relation
- S/o
Plaintiffs Documents
Certified Copy of Sale Deed No.3490/2019, The Tax Receipt
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Shoby Joseph.Y.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants are restrained from trespassing into plaint schedule property.
Evidence:
The defendants are restrained from trespassing into plaint schedule property and disturbing plaintiff’s peaceful possession and enjoyment over the same.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to realise costs of the suit from the defendants.
Evidence:
Considering the facts and circumstances, the plaintiff is entitled to realise costs of the suit from the defendants.
Documents & Evidence
Document Type:
Certified copy of Sale Deed
Submitted By:
Plaintiff
Relevance:
Proves the plaintiff's ownership of the plaint schedule property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Supports the financial transactions related to the property.
Reference:
Ext.A2
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
Supports the plaintiff's case regarding possession and ownership.
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 Vijayan.M vs Priji Chandran regarding permanent prohibitory injunction and other consequential reliefs.
Case Code Year
Case between Vijayan.M vs Priji Chandran regarding permanent prohibitory injunction and other consequential reliefs.
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque issued towards legally enforceable debt