Case Summary
Janu, the plaintiff, is seeking a permanent prohibitory and mandatory injunction against Bahuleyan regarding a property dispute. The plaintiff claims that the defendant has encroached on the plaint schedule property which she acquired via a release deed.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the suit due to the plaintiff's failure to establish the identity of the plaint schedule property.
Key Reasoning:
The plaintiff failed to prove the identity of the plaint schedule property and establish the claims made.
The plaintiff failed to prove the identity of the plaint schedule property and establish the claims made.
Why Defendant Won:
The plaintiff failed to prove the identity of the plaint schedule property and establish the claims made.
The plaintiff failed to prove the identity of the plaint schedule property and establish the claims made.
Supporting Evidence
The plaintiff has failed to establish the primary burden with regard to the identity of the plaint schedule property and the same is disputed by the defendant specifically in their plaint.
Judgment Evidence:
In the result, the suit is dismissed with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- JANU
- Party Age
- 52
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- BAHULEYAN @ BABU
- Party Age
- 52
- Relation
- S/o
Plaintiffs Documents
Certified copy of Release Deed No. 868/2014, Basic Tax Receipt issued by Village Office.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. M. Ragesh
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.P. Balagopalan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. P. Arunkumar
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Plaintiff sought relief for permanent prohibitory injunction regarding the plaint schedule property.
Evidence:
the plaintiff is not entitled to ask for a relief of permanent prohibitory and mandatory injunction.
Relief Type:
Mandatory Injunction
Outcome:
Refused
Description:
Plaintiff sought mandatory injunction to reinstate the way into its original position.
Evidence:
the plaintiff is not entitled to ask for a relief of permanent prohibitory and mandatory injunction.
Documents & Evidence
Document Type:
Release deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Release Deed No. 868/2014 establishes plaintiff's ownership of the property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Basic Tax Receipt establishes that the plaintiff is paying tax for the plaint schedule property.
Reference:
Ext.A2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission Report helps in identifying the plaint schedule property.
Reference:
Ext.C1
Document Type:
Sketch Plan
Submitted By:
Court
Relevance:
Sketch Plan filed by Advocate Commissioner assists in the identification of the property.
Reference:
Ext.C1(a)
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission Report from a later date contributes to the assessment of the plaint schedule property.
Reference:
Ext.C2
Document Type:
Sketch Plan
Submitted By:
Court
Relevance:
Sketch Plan assists in understanding the dimensions and layout of the plaint schedule property.
Reference:
Ext.C2(a)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Case Code
Case between Janu vs Bahuleyan @ Babu regarding permanent prohibitory and mandatory injunction.
Case Code Year
Case between Janu vs Bahuleyan @ Babu regarding permanent prohibitory and mandatory injunction.