Case Summary
P.G.Aravindakshan Nair, the plaintiff, filed a suit seeking a permanent prohibitory injunction against Adv.Salmath and others, claiming they trespassed into his property. The case revolves around the rightful ownership and possession of a 24 cents property.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the suit filed by P.G.Aravindakshan Nair, asserting that he had no legal right over the property in question.
Key Reasoning:
The plaintiff failed to establish title or possession over the property, and suppression of material facts was noted.
The plaintiff failed to establish title or possession over the property, and suppression of material facts was noted.
Why Defendant Won:
The plaintiff failed to establish title or possession over the property, and suppression of material facts was noted.
The plaintiff failed to establish title or possession over the property, and suppression of material facts was noted.
Supporting Evidence
The plaintiff has failed to establish either title or possession over the plaint schedule property.
Judgment Evidence:
In the result, the suit is dismissed with costs of the defendants.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- P.G.Aravindakshan Nair
- Party Age
- 80
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Adv.Salmath
- Party Age
- 47
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Anas
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Ismail
- Relation
- B/o
Plaintiffs Documents
Certified copy of the judgment in OS No. 928/1950, Certified copy of Sale Deed No. 1889/1973, Copy of Encumbrance Certificate.
Defendants Documents
Certified copy of Common Judgment in AS.102/2011 in OS. 791/2005 and AS.16/18 in OS. 356/2011.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- N.Haridasan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- P.G.Aravindakshan Nair
- Appearance Type
- Party in Person
- Party Role
- Defendant
- Advocate Name
- V.Vinayachandran
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sabitha.R.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
The plaintiff sought a permanent prohibitory injunction against the defendants from trespassing the property.
Evidence:
The plaintiff is not entitled to get a decree of permanent prohibitory injunction restraining the defendants from trespassing into the plaint schedule property.
Documents & Evidence
Document Type:
Certified copy of the judgment
Submitted By:
Plaintiff
Relevance:
This document establishes the previous judgment in OS No. 928/1950 relevant to the case.
Reference:
Ext.A1
Document Type:
Survey Plan
Submitted By:
Plaintiff
Relevance:
The survey plan is related to OS No. 791/2005 and supports the plaintiff’s claim.
Reference:
Ext.A2
Document Type:
Certified copy of Sale Deed
Submitted By:
Plaintiff
Relevance:
This document is a certified copy of sale deed No. 1889/73, proving the plaintiff's title over the plaint schedule property.
Reference:
Ext.A3
Document Type:
Copy of Encumbrance Certificate
Submitted By:
Plaintiff
Relevance:
Indicates that no transactions took place regarding this property during the specified period.
Reference:
Ext.A4
Document Type:
Copy of Letter
Submitted By:
Plaintiff
Relevance:
Supports the plaintiff’s claim regarding property mutation.
Reference:
Ext.A5
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Document showing proceedings initiated by the plaintiff related to mutation.
Reference:
Ext.A6
Document Type:
Copy of Written Statement
Submitted By:
Plaintiff
Relevance:
Furnishes details substantiating the claims made in this case.
Reference:
Ext.A7
Document Type:
Certified copy of Sale Deed
Submitted By:
Plaintiff
Relevance:
Sale deed No. 4318/1973, indicating further ownership complexities.
Reference:
Ext.A9
Document Type:
Certified copy of Sale Deed
Submitted By:
Plaintiff
Relevance:
Provides context about sale deed No. 4319/1973 relevant to the property ownership.
Reference:
Ext.A11
Document Type:
Certified Copy of Settlement Deed
Submitted By:
Plaintiff
Relevance:
Settlement deed No. 2991/1998, indicates transfer of property rights as claimed.
Reference:
Ext.A12
Document Type:
Copy of Letter
Submitted By:
Plaintiff
Relevance:
Indicates property status and supports the plaintiff's claims.
Reference:
Ext.A13
Document Type:
Copy of Letter
Submitted By:
Plaintiff
Relevance:
Another document indicating property administrative matters relevant to the case.
Reference:
Ext.A14
Document Type:
Copy of Application
Submitted By:
Plaintiff
Relevance:
Release deed relevant to property ownership claims.
Reference:
Ext.A21
Document Type:
Certified copy of Common Judgment
Submitted By:
Defendant
Relevance:
This judgment in AS.102/2011 and OS.791/2005 provides counterclaims against the plaintiff's prior assertions.
Reference:
Ext.B1
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
Case between P.G.Aravindakshan Nair vs Adv.Salmath et al regarding Permanent Prohibitory Injunction
Case Code Year
Case between P.G.Aravindakshan Nair vs Adv.Salmath et al regarding Permanent Prohibitory Injunction