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Pramod. V – Appellant
Versus
Vimala. V – Respondent
JUDGMENT :
M.A. Abdul Hakhim, J.
1. This Regular Second Appeal is of the year 2024. When this matter came up before this Court, the learned counsel for the respondent pressed for an early hearing, stating that the respondent is an aged lady who is in emergent requirement of the residential building in the plaint schedule property and that though she obtained favourable orders from the Maintenance Tribunal directing the defendant to vacate the premises, the same was set aside by this Court in a Writ Petition on technical grounds directing the parties to work out the remedies in this proceedings. The Counsel for the respondent also submitted that he is ready for final hearing. Since the Trial Court records were available, this Regular Second Appeal is heard on a priority basis.
2. The defendant in O.S.No.116/2020 on the files of the Munsiff’s Court, Thalassery, is the appellant. The respondent/plaintiff filed the suit for mandatory injunction, prohibitory injunction, and recovery of damages. The Trial Court decreed the suit granting mandatory injunction and prohibitory injunction and denying the recovery of damages. The defendant filed A.S.No.53/2022 before the First Appellate Court, an
The court upheld the plaintiff's right to seek a mandatory injunction against the defendant, emphasizing the necessity of consistent evidence and pleadings in property disputes.
The main legal point established in the judgment is that the possession follows title, and in cases of vacant property, the person able to establish title is considered to be in possession. The court....
Mandatory injunctions require clear evidence of possession rights; mere claims of permissive possession undermined by admissions establishing tenant status.
Domestic violence - While the DV Act is a social welfare legislation granting protection to women who are victims of domestic violence, every dispute amongst family members cannot be converted into a....
In property disputes, proof of ownership and lawful possession must be established; mere claims without supporting evidence lead to dismissal of injunction requests.
A plaintiff can obtain a permanent injunction against defendants interfering with her possession if exclusive ownership is established through revenue records, even amidst claims of co-ownership.
(1) Permanent Injunction – In a suit for permanent injunction, Court is not required to conclusively determine or declare title to property – De jure possession has to be established on the basis of ....
A plaintiff must establish personal interest in the property to seek an injunction; mere possession without title is inadequate.
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