Case Summary
N Rukhiya is the plaintiff seeking recovery of possession and injunction against Kallayani and others. The defendants allegedly trespassed on the plaintiff's property and constructed a building without permission.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The first defendant is directed to demolish the building and surrender possession of the property.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff against the first defendant, directing the demolition of the unauthorized structure and restoration of possession.
Why Plaintiff Won:
The plaintiff's case was proved by unchallenged testimony and produced documents.
The plaintiff's case was proved by unchallenged testimony and produced documents.
Losing Side's Weaknesses:
The plaintiff's case was proved by unchallenged testimony and produced documents.
The plaintiff's case was proved by unchallenged testimony and produced documents.
Supporting Evidence
The plaintiffs’ case is proved by the unchallenged oral testimony of the PW1 and the documents produced by her. The suit is liable to be decreed and I do so.
Judgment Evidence:
In the result the suit is decreed as follows: 1. The first defendant is hereby directed to demolish the building in the plaint schedule property within 45 days from today, failing which the plaintiff shall be entitled to demolish the same and realize the cost from the defendants.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- N Rukhiya
- Party Age
- 49
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Kallayani
- Party Age
- 57
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Vinesh
- Party Age
- 36
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Vipina
- Party Age
- 33
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Vijina
- Party Age
- 33
- Relation
- D/o
Plaintiffs Documents
Certified copy of deed No.1447/2018, Possession certificate, Land tax receipt, Copy of plaint in OS 237/2019.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.T.V.Sunil Kumar Basu
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Rajilesh. P
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
The first defendant is directed to demolish the building in the plaint schedule property within 45 days.
Evidence:
The first defendant is hereby directed to demolish the building in the plaint schedule property within 45 days from today.
Relief Type:
Recovery
Outcome:
Granted
Description:
The first defendant is directed to surrender vacant possession of the plaint schedule property.
Evidence:
The first defendant is hereby directed to surrender vacant possession of the plaint schedule property to the plaintiff 45 days from today.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The first defendant is restrained from trespassing into the plaint schedule property.
Evidence:
The first defendant is hereby restrained by way of permanent prohibitory injunction from trespassing into the plaint schedule property.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The first defendant is restrained from transferring the plaint schedule properties to third parties.
Evidence:
The first defendant is hereby restrained by way of permanent prohibitory injunction from transferring the plaint schedule properties to third parties.
Relief Type:
Damages
Outcome:
Granted
Description:
The first defendant shall pay costs of the proceedings to the plaintiff.
Evidence:
The first defendant shall pay costs of the proceedings to the plaintiff.
Documents & Evidence
Document Type:
Certified Copy of Deed
Submitted By:
Plaintiff
Relevance:
This document establishes the plaintiff's ownership of the plaint schedule property.
Reference:
Ext.A1
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
This document confirms the plaintiff's legal possession of the property.
Reference:
Ext.A2
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
This document shows that the plaintiff is paying the required revenue for the property.
Reference:
Ext.A3
Document Type:
Copy of the plaint
Submitted By:
Plaintiff
Relevance:
This document details the previous legal action taken by the plaintiff regarding the property.
Reference:
Ext.A4
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 N Rukhiya vs Kallayani et al regarding recovery of possession and injunction
Case Code Year
Case between N Rukhiya vs Kallayani et al regarding recovery of possession and injunction