Case Summary
HAMEED. N. K is the petitioner seeking a temporary injunction to prevent forceful eviction from a shop room he alleges to be renting for his tutorial center. The respondents, Dr. NAJIYA KUNIYIL and others, contest the tenancy and claim he has no right to the property.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Injunction
Final Judgment
No
The court dismissed the petition for injunction, finding that the petitioner failed to establish a prima facie case for tenancy.
Key Reasoning:
The respondents successfully demonstrated that the petitioner was not a tenant of the premises.
The respondents successfully demonstrated that the petitioner was not a tenant of the premises.
Why Defendant Won:
Not available
Not available
Supporting Evidence
The petitioner has failed to make out a prima facie case. The balance of convenience is not in favour of the petitioner.
Judgment Evidence:
In the result, IA 2/2025 is dismissed and order of injunction granted on 24.10.2025 is vacated.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- HAMEED. N. K
- Party Age
- 72
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Dr. NAJIYA KUNIYIL
- Party Age
- 45
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Dr. NAJMA MUHAMMAD
- Party Age
- 42
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Dr. KUNHABDULLA
- Party Age
- 82
- Relation
- S/o
Plaintiffs Documents
Rent agreement executed between petitioner and respondents, Registration Certificate issued by Kuttiady Gramapanchayath, GST Registration Certificate.
Defendants Documents
Multiple Rent Agreements executed between respondents and Mr. Noushad, Photocopy of application as per RTI act.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. K. K. Anil Raj
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Mijisha. P
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. P. Balagopalan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. P. Arun Kumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt. Mini. K. Koyeri
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Injunction
Outcome:
Refused
Description:
Request for injunction against forceful eviction from the shop rooms.
Evidence:
Hence, IA 2/2025 is dismissed and order of injunction granted on 24.10.2025 is vacated.
Documents & Evidence
Document Type:
Rent Agreement
Submitted By:
Plaintiff
Relevance:
This document is used to establish the claim of the plaintiff regarding the tenancy over the shop room.
Reference:
Ext.A1
Document Type:
Registration Certificate
Submitted By:
Plaintiff
Relevance:
This document certifies the registration of the tutorial institution, supporting the plaintiff's claim of operating a business.
Reference:
Ext.A2
Document Type:
GST Registration Certificate
Submitted By:
Plaintiff
Relevance:
This document establishes the plaintiff's legality in conducting a tutorial business.
Reference:
Ext.A3
Document Type:
Attendance Register
Submitted By:
Plaintiff
Relevance:
This document contains records of students attending the tutorial, supporting the plaintiff's operations claim.
Reference:
Ext.A4
Document Type:
Strength Register
Submitted By:
Plaintiff
Relevance:
This document provides details on the strength of students in the tutorial, related to the business being run by the plaintiff.
Reference:
Ext.A5
Document Type:
Strength Register
Submitted By:
Plaintiff
Relevance:
This document continues to show the student strength at the plaintiff's tutorial, further supporting the claim.
Reference:
Ext.A6
Document Type:
Rent Agreement
Submitted By:
Defendant
Relevance:
This document is used to argue that the property was legally leased to Mr. Noushad, not the plaintiff.
Reference:
Ext.B1
Document Type:
Rent Agreement
Submitted By:
Defendant
Relevance:
This document indicates that the defendants executed a legal agreement with Mr. Noushad.
Reference:
Ext.B2
Document Type:
Rent Agreement
Submitted By:
Defendant
Relevance:
This document shows further agreements made by the defendants with Mr. Noushad for the premises.
Reference:
Ext.B3
Document Type:
Rent Agreement
Submitted By:
Defendant
Relevance:
This document demonstrates that the rental agreements were renewed recently, further supporting the defendants' claim.
Reference:
Ext.B4
Document Type:
Cheque
Submitted By:
Defendant
Relevance:
This document is presented to illustrate the plaintiff's attempt to pay rent which was rejected by the defendants.
Reference:
Ext.B5
Document Type:
RTI Act Application
Submitted By:
Defendant
Relevance:
This document shows the inquiry made to establish who had legal possession of the shop rooms.
Reference:
Ext.B6
Document Type:
Registration Certificate
Submitted By:
Defendant
Relevance:
This document serves to demonstrate the legitimacy of the competing claims regarding property occupancy.
Reference:
Ext.B7
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This document is a report by the Advocate Commissioner regarding possession inspections in relation to the dispute.
Reference:
Ext.C1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This document serves as further evidence of conditions observed regarding property occupation.
Reference:
Ext.C2
Case Classification
Case Type
Injunction
Category
Eviction and Rent Control
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Case Code
OS
Case Code Year
2025
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour