Case Summary
Shahul Hameed, the plaintiff, is seeking a declaration that a lease agreement is null and void and a permanent injunction against the defendants from trespassing into the property. The defendants, including Nazar and NASCO Trading India Private Limited, were absent and did not contest the case.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
A permanent prohibitory injunction is granted in favour of the plaintiff.
Case Type
Civil Suit
Final Judgment
No
The court declared the lease agreement null and void and granted a permanent prohibitory injunction against the defendants. The defendants are restrained from trespassing into the plaint schedule property.
Why Plaintiff Won:
The plaintiff established his case through unchallenged oral and documentary evidence.
The plaintiff established his case through unchallenged oral and documentary evidence.
Losing Side's Weaknesses:
The plaintiff established his case through unchallenged oral and documentary evidence.
The plaintiff established his case through unchallenged oral and documentary evidence.
Supporting Evidence
Through the unchallenged oral and documentary evidence adduced by the plaintiff, the plaintiff has established his case.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. It is hereby declared that lease agreement No. 573/2015 dated 06.04.2015 of Navaikulam S.R.O is null and void. 2. A permanent prohibitory injunction is granted in favour of the plaintiff and the defendants are restrained from trespassing into the plaint schedule property and committing any act of waste therein.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Shahul Hameed
- Party Age
- 67
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Nazar
- Party Age
- 49
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- NASCO Trading India Private Limited
- Relation
- represented by 1st Defendant Nasar
Plaintiffs Documents
Copy of Lease deed No. 573/ 2015 of Navaikulam S.R.O., dated 06/04/2015, Rent deed dated 05/01/2019, Sale deed No. 2783/2006 of Navaikulam S.R.O.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- G.R. Bilahari
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sarath. S.
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Declaring lease agreement No. 573/2015 dated 06.04.2015 as null and void.
Evidence:
It is hereby declared that lease agreement No. 573/2015 dated 06.04.2015 of Navaikulam S.R.O is null and void.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent prohibitory injunction restraining the defendants from trespassing into the plaint schedule property.
Evidence:
A permanent prohibitory injunction is granted in favour of the plaintiff and the defendants are restrained from trespassing into the plaint schedule property and committing any act of waste therein.
Documents & Evidence
Document Type:
Lease Deed
Submitted By:
Plaintiff
Relevance:
Copy of Lease deed No. 573/2015 of Navaikulam S.R.O., dated 06/04/2015 was used to establish the lease agreement.
Reference:
Ext.A1
Document Type:
Rent Deed
Submitted By:
Plaintiff
Relevance:
Rent deed dated 05/01/2019 was used to clarify the annulment of the lease agreement.
Reference:
Ext.A2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report filed was considered as part of the evidence in the case.
Reference:
Ext.C1
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiffs Court, Varkala
Common Reasons
Case Code
Case between Shahul Hameed vs Nazar et al regarding declaration and permanent prohibitory injunction
Case Code Year
Case between Shahul Hameed vs Nazar et al regarding declaration and permanent prohibitory injunction