Case Summary
Vimala, the defendant, claims to be the absolute owner of the property originally belonging to her. Archana, the plaintiff, contends she is the rightful owner after her father's death, as he had possessed the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction restraining the counter claim defendant from trespassing and other activities.
Case Type
Civil Suit
Final Judgment
No
The counter claim is decreed in favor of the counter claim plaintiff, granting permanent prohibitory injunction against the counter claim defendant.
Why Plaintiff Won:
Counter claim plaintiff proved her title and possession over the property as per documentary evidence.
Counter claim plaintiff proved her title and possession over the property as per documentary evidence.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The documents produced by the counter claim plaintiff also support the case of the counter claim plaintiff. The evidence of the counter claim plaintiff remains unchallenged. There was no contra evidence on record.
Judgment Evidence:
In the result, the counter claim is decreed as follows: 1) Permanent prohibitory injunction is granted restraining the counter claim defendant from trespassing, from making any form of constructions, from dumping waste, causing any damage or destruction in the counter claim schedule property and from interfering the peaceful enjoyment of the counter claim schedule property by the counter claim plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Archana
- Party Age
- 37
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Vimala
- Party Age
- 77
- Relation
- D/o
Plaintiffs Documents
Defendants Documents
Partition deed No.2130/1971, Transfer deed No.252/99
Advocates
- Party Role
- Defendant
- Advocate Name
- Sri. Deepu.U.V.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Nowfi.S.M.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent prohibitory injunction restraining the counter claim defendant from trespassing and damaging the property.
Evidence:
the counter claim defendant is restrained by way of permanent prohibitory injunction from trespassing, from making any form of constructions, from dumping waste, causing any damage or destruction in the counter claim schedule property
Relief Type:
Other
Outcome:
Granted
Description:
Counter claim plaintiff is entitled to realize costs from the counter claim defendant.
Evidence:
the counter claim plaintiff is entitled to realise the costs from the counter claim defendant and her assets.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Defendant
Relevance:
The document establishes the ownership and partition of the property in question.
Reference:
Ext.B1
Document Type:
Transfer Deed
Submitted By:
Defendant
Relevance:
The document confirms the transfer of property rights relevant to the case.
Reference:
Ext.B2
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
Oral evidence was provided by DW1 supporting the counter claim plaintiff's ownership.
Reference:
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
Case between Vimala vs Archana regarding declaration of title and other reliefs.
Case Code Year
Case between Vimala vs Archana regarding declaration of title and other reliefs.