Case Summary
The plaintiff, Sajitha Beevi, owns 7.50 Ares of property and seeks an injunction against the defendants, who attempted to demolish a basement that separates their properties. The court found the plaintiff's claims valid, as the defendants did not present any counter-evidence.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction from trespassing into the plaint A schedule property and obstructing the construction of the compound wall.
Case Type
Civil Suit
Final Judgment
No
The court granted a permanent prohibitory injunction in favor of the plaintiff, restraining the defendants from trespassing and obstructing the plaintiff's property. Additionally, the plaintiff is entitled to recover costs from the defendants.
Why Plaintiff Won:
The court found the plaintiff's ownership and evidence convincing, with no counter-evidence from the defendants.
The court found the plaintiff's ownership and evidence convincing, with no counter-evidence from the defendants.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The plaintiff proved her case by the evidence tendered before the Court namely, the oral evidence of PW1 and Exts.A1, A2, C1 and C1(a). The defendants chose to remain exparte till conclusion of the proceedings and there is nothing offered before Court to disbelieve the version of plaintiff which remained unchallenged and unrebutted.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: 1. The defendants and their henchmen are restrained by a decree of permanent prohibitory injunction from trespassing into the plaint A schedule property, from obstructing the construction of the compound wall at Eastern side and interfering with the peaceful possession and enjoyment of the plaint schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sajitha Beevi
- Party Age
- 42
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Junaida Beevi
- Party Age
- 36
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Sulekha Beevi
- Party Age
- 57
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Ismail
- Party Age
- 59
- Relation
- S/o
Plaintiffs Documents
Certified copy of settlement deed No.2948/2006, Property tax receipt dated 07/04/2018, Commission report, Rough sketch.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Joshrajan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendants and their henchmen are restrained by a decree of permanent prohibitory injunction from trespassing into the plaint A schedule property.
Evidence:
The plaintiff had established her case warranting the grant of relief sought for. So the plaintiff is entitled to get a decree of permanent prohibitory injunction as prayed for.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to realize the costs of the suit from the defendants and their assets.
Evidence:
In the light of the findings in the above discussion, it is found that the plaintiff is entitled to get a decree as prayed for.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Ext.A1 is the Settlement deed in favour of the plaintiff.
Reference:
Ext.A1
Document Type:
Property Tax Receipt
Submitted By:
Plaintiff
Relevance:
Ext.A2 would go to show that the plaintiff is paying land tax for the plaint schedule property admeasuring 7.50 Ares.
Reference:
Ext.A2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
In Ext.C1 Commission report, the Advocate Commissioner identified the plaint schedule property and clearly reported that the plaint schedule property is well demarcated on all its sides.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Ext.C1(a) is the rough sketch.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
Case between Sajitha Beevi vs Junaida Beevi et al regarding permanent prohibitory injunction
Case Code Year
Case between Sajitha Beevi vs Junaida Beevi et al regarding permanent prohibitory injunction