Case Summary
K Jareena and Muhammed Subair are the plaintiffs seeking a permanent prohibitory injunction against TK Jameela and her legal heirs regarding the eviction from the plaint schedule property. The case arose due to threats of eviction despite the plaintiffs being tenants of the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against the defendants from evicting the plaintiffs and obstructing their business.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed, restraining the supplemental defendants No. 2 to 4 from forcefully evicting the plaintiffs and from obstructing the peaceful running of their business.
Why Plaintiff Won:
The unchallenged evidence of the plaintiffs supported by documents indicates their entitlement to the relief sought.
The unchallenged evidence of the plaintiffs supported by documents indicates their entitlement to the relief sought.
Losing Side's Weaknesses:
The unchallenged evidence of the plaintiffs supported by documents indicates their entitlement to the relief sought.
The unchallenged evidence of the plaintiffs supported by documents indicates their entitlement to the relief sought.
Supporting Evidence
The unchallenged evidence of PW1 and Exts. A1 to A9 would show that the petitioner is entitled to the reliefs as prayed for.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. The supplemental defendants No. 2 to 4 are restrained by a decree of permanent prohibitory injunction from forcefully evicting the plaintiffs except by due process of law and from creating obstruction to the peaceful running of the business carried out in the plaint schedule property by the plaintiffs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- K Jareena
- Party Age
- 52
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Muhammed Subair
- Party Age
- 55
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- TK Jameela
- Party Age
- 62
- Party Role
- Defendant
- Party Name
- Shaji
- Party Age
- 42
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Haseena
- Party Age
- 40
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Najeeb
- Party Age
- 38
- Relation
- S/o
Plaintiffs Documents
Cooli Kachit dated 06.04.2004, License Agreement dated 01.01.2016, Receipts for rent payments.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.G Manohar Lal
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt.Athira AV
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. N Shamsuddhin
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The supplemental defendants No. 2 to 4 are restrained from forcefully evicting the plaintiffs.
Evidence:
In the result, the suit is decreed as follows: 1.The supplemental defendants No. 2 to 4 are restrained by a decree of permanent prohibitory injunction from forcefully evicting the plaintiffs except by due process of law.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiffs are entitled to get the costs of the suit from the defendants.
Evidence:
2.The plaintiffs are entitled to get the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Kooli Kaichit
Submitted By:
Plaintiff
Relevance:
Photocopy of Kooli kaichit entered in to between K Jareena and TK Jameela.
Reference:
Ext.A1
Document Type:
Kooli Kaichit
Submitted By:
Plaintiff
Relevance:
Photocopy of Kooli kaichit entered in to between K Jareena and TK Jameela.
Reference:
Ext.A2
Document Type:
Licence agreement
Submitted By:
Plaintiff
Relevance:
Photocopy of licence agreement entered in to between TK Jameela and Subair Parakkott.
Reference:
Ext.A3
Document Type:
Order
Submitted By:
Court
Relevance:
Certified copy of order in RCP 241/2016 of Rent Controller/Additional Munsiff-1, Kozhikode.
Reference:
Ext.A4
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
Original receipt for payment of room rent for the month of June 2015 and July 2015 issued by 1st defendant.
Reference:
Ext.A5
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
Original receipt for payment of room rent for the month of August 2015 and September 2015 issued by 1st defendant.
Reference:
Ext.A6
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
Original receipt for payment of room rent for the month of December 2015 and January 2016 issued by 1st defendant.
Reference:
Ext.A7
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
Original receipt for payment of room rent for the month of November 2016 and December 2016 issued by 1st defendant to Asian Steels.
Reference:
Ext.A8
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
Original receipt for payment of room rent for the month of December and January issued by 1st defendant to Asian Steels.
Reference:
Ext.A9
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Case Code
Case between K Jareena vs TK Jameela et al regarding permanent prohibitory injunction.
Case Code Year
Case between K Jareena vs TK Jameela et al regarding permanent prohibitory injunction.