Case Summary
The plaintiff, Kammu, filed a suit against the defendant, Anitha, for permanent prohibitory injunction regarding the plaint schedule property. The case involves issues of trespassing and alteration of property boundaries by the defendant.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against the defendant from trespassing and altering the plaint schedule properties.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, granting a permanent prohibitory injunction against the defendant, restraining her from trespassing into the plaint schedule property.
Why Plaintiff Won:
The case of the plaintiff that the building has been surrendered by the former tenant - defendant is proved.
The case of the plaintiff that the building has been surrendered by the former tenant - defendant is proved.
Losing Side's Weaknesses:
The case of the plaintiff that the building has been surrendered by the former tenant - defendant is proved.
The case of the plaintiff that the building has been surrendered by the former tenant - defendant is proved.
Supporting Evidence
The apprehension of the plaintiff is well proved by the oral evidence of the PW1. The suit is liable to be decreed and I do so.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. The defendant, their men and agents are hereby restrained by way of decree of permanent prohibitory injunction from trespassing into the plaint schedule properties, altering its boundaries committing waste therein and obstructing the plaintiff’s peaceful possession and enjoyment of the same.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kammu
- Party Age
- 75
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Anitha
- Party Age
- 47
- Relation
- W/o
Plaintiffs Documents
Exhibit A1 is the notarised copy of the rent agreement executed between the plaintiff and defendant. Exhibit A2 is the title deed of the plaint schedule property.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.M.V.P Abdul Majeed
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendant is restrained from trespassing into the plaint schedule properties and altering its boundaries.
Evidence:
The defendant, their men and agents are hereby restrained by way of decree of permanent prohibitory injunction from trespassing into the plaint schedule properties, altering its boundaries committing waste therein and obstructing the plaintiff’s peaceful possession and enjoyment of the same.
Relief Type:
Costs
Outcome:
Granted
Description:
Defendant shall pay costs of the proceedings to the plaintiff.
Evidence:
The defendant shall also pay costs of the proceedings to the plaintiff.
Documents & Evidence
Document Type:
Notarised copy of Rent Agreement
Submitted By:
Plaintiff
Relevance:
The document evidences the rental agreement between the plaintiff and the defendant, including the surrender of possession.
Reference:
Ext.A1
Document Type:
Title deed
Submitted By:
Plaintiff
Relevance:
The document establishes the plaintiff's ownership of the plaint schedule property.
Reference:
Ext.A2
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Case Code
Case between Kammu vs Anitha regarding permanent prohibitory injunction
Case Code Year
Case between Kammu vs Anitha regarding permanent prohibitory injunction