Case Summary
The plaintiff sought a mandatory injunction and permanent prohibitory injunction against the defendants to regain possession of a house in the plaint schedule property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Mandatory injunction for possession of house, Permanent prohibitory injunction against trespassing
Case Type
Civil Suit - Injunction
Final Judgment
No
The court decreed the suit, granting a mandatory injunction for possession of a house and a permanent prohibitory injunction against trespassing on the plaint schedule property.
Why Plaintiff Won:
The plaintiff proved his case through evidence, showing ownership and possession of the disputed property.
The plaintiff proved his case through evidence, showing ownership and possession of the disputed property.
Losing Side's Weaknesses:
The plaintiff proved his case through evidence, showing ownership and possession of the disputed property.
The plaintiff proved his case through evidence, showing ownership and possession of the disputed property.
Supporting Evidence
Since the defendant opted to remain ex parte, the evidence adduced by PW1 remained unchallenged, hence plaintiff proved his case by cogent and reliable evidence.
Judgment Evidence:
The suit is decreed with the defendants being directed to give vacant possession of the house to the plaintiff within two months, and restrained from trespassing or committing waste on the properties in question.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Nediyil Hamzakutty
- Party Age
- 71
- Relation
- S/o Pavaru
- Party Role
- Defendant
- Party Name
- Laila
- Party Age
- 34
- Relation
- D/o Eanikkutty
- Party Role
- Defendant
- Party Name
- Eanikkutty
- Party Age
- 73
- Party Role
- Defendant
- Party Name
- Jameela
- Party Age
- 64
- Relation
- W/o Eanikkutty
- Party Role
- Defendant
- Party Name
- Arifa
- Party Age
- 38
- Relation
- D/o Eanikkutty
- Party Role
- Defendant
- Party Name
- Soudabi
- Party Age
- 40
- Relation
- D/o Eanikkutty
Plaintiffs Documents
Certified copy of partition deed, Tax receipts, Bill
Defendants Documents
Not available
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. V.Chandrasekharan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Vipin Chandrasekharan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. P.Najmudheen
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
To give vacant possession of the house No.7/284 to the plaintiff within two months
Evidence:
The first defendant is hereby directed by way of a mandatory injunction to give the vacant possession of the house No.7/284 to the plaintiff within two months from today.
Relief Type:
Permanent Prohibitory Injunction
Outcome:
Granted
Description:
Restraining defendants from trespassing into the house No.7/284 and 7/285 situated in the plaint schedule property
Evidence:
The defendants are restrained by way of a permanent prohibitory injunction from trespassing into the house No.7/284 and 7/285 situated in the plaint schedule property or from taking away the household articles forcefully or to commit any waste in the house situated in the plaint schedule property.
Relief Type:
Costs
Outcome:
Awarded
Description:
Defendants to pay costs of the suit to the plaintiff
Evidence:
The defendants shall pay costs of the suit to the plaintiff.
Documents & Evidence
Document Type:
Certified Copy of Partition Deed
Submitted By:
Plaintiff
Relevance:
Showed ownership of the plaint schedule property.
Reference:
A1
Document Type:
Tax Receipts
Submitted By:
Plaintiff
Relevance:
Provided evidence of tax payments for the property.
Reference:
A2, A3(a-d), A4(a-c)
Document Type:
Bill
Submitted By:
Plaintiff
Relevance:
Evidence of electronic bill in the name of the plaintiff.
Reference:
A5
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report submitted by Sri.P.Noufal Advocate Commissioner.
Reference:
C1
Document Type:
Commission Plan
Submitted By:
Court
Relevance:
Commission plan submitted by Sri.P.Noufal Advocate Commissioner.
Reference:
C2
Case Classification
Case Type
Civil Suit - Injunction
Category
Injunction and Access Rights
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Property injunction
Case Code
Case between Nediyil Hamzakutty vs Laila et al regarding property injunction
Case Code Year
Case between Nediyil Hamzakutty vs Laila et al regarding property injunction