Case Summary
The case involves Suharabi CP filing a suit against Hasna Muhammed and Kuruvattoor Grama Panchayath concerning unauthorized construction near her property. Suharabi claims that the construction violates building rules and seeks to halt it.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the suit, finding that the plaintiff had not sufficiently proven the claims of unauthorized construction or violations of the building regulations.
Key Reasoning:
The plaintiff failed to provide adequate evidence showing that the defendants did not comply with building regulations.
The plaintiff failed to provide adequate evidence showing that the defendants did not comply with building regulations.
Why Defendant Won:
The plaintiff failed to provide adequate evidence showing that the defendants did not comply with building regulations.
The plaintiff failed to provide adequate evidence showing that the defendants did not comply with building regulations.
Supporting Evidence
The plaintiff has not scheduled the defendant's property as well as the unauthorized constructions made. In the absence of any other evidence, this court can only come to the conclusion that the plaintiff is not entitled to succeed the suit.
Judgment Evidence:
In the result, the suit is dismissed. Parties are directed to bear their respective costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Suharabi CP
- Party Age
- 47
- Relation
- W/o.
- Party Role
- Defendant
- Party Name
- Hasna Muhammed
- Party Age
- 29
- Relation
- W/o.
- Party Role
- Defendant
- Party Name
- Kuruvattoor Grama panchayath
- Relation
- Represented by
Plaintiffs Documents
Copy of land tax receipt, Certified copy of Jenmam assignment deed No.2202/2000, Copy of land tax receipt, Copy of property tax receipt
Defendants Documents
Plan issued by Kurvattoor Grama panchayath for construction of House, Building license, Ownership Certificate
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. PT Rajesh
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt.Bavitha V
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt.Rajisha O
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Rajeevan V
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Jaideep Singh
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Plaintiff sought an order to restrain defendants from unlawful construction.
Evidence:
In the absence of the schedule and without showing the details of the defendants' property, the injunction as sought for cannot be granted.
Relief Type:
Mandatory Injunction
Outcome:
Refused
Description:
Plaintiff sought direction to demolish unauthorized constructions.
Evidence:
The unauthorised constructions that are carried out in the defendants' property were not pointed out properly by the plaintiff.
Documents & Evidence
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Copy of land tax receipt submitted to establish ownership of the plaint schedule property.
Reference:
Ext.A1
Document Type:
Jenmam assignment deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Jenmam assignment deed submitted to clarify the plaintiff's ownership.
Reference:
Ext.A2
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Copy of land tax receipt submitted to reinforce the evidence of ownership.
Reference:
Ext.A3
Document Type:
Property Tax Receipt
Submitted By:
Plaintiff
Relevance:
Copy of property tax receipt submitted to support the claim of ownership.
Reference:
Ext.A4
Document Type:
Building Plan
Submitted By:
Defendant
Relevance:
Plan issued by panchayat submitted to show legal permission for construction.
Reference:
Ext.B1
Document Type:
Building License
Submitted By:
Defendant
Relevance:
Building license submitted to demonstrate compliance with building regulations.
Reference:
Ext.B2
Document Type:
Ownership Certificate
Submitted By:
Defendant
Relevance:
Ownership certificate submitted to confirm the defendant's ownership of the property.
Reference:
Ext.B3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report submitted to provide the court's findings on property measurements.
Reference:
Ext.C1
Document Type:
Site Approval Building Permit
Submitted By:
Court
Relevance:
Site approval building permit submitted to validate the construction plan.
Reference:
Ext.C1(a)
Document Type:
Photograph
Submitted By:
Court
Relevance:
Photographs submitted as evidence of site conditions.
Reference:
Ext.C1(b)
Document Type:
Photograph
Submitted By:
Court
Relevance:
Photographs submitted to document property status.
Reference:
Ext.C1(c)
Document Type:
Photograph
Submitted By:
Court
Relevance:
Additional photographs submitted for evidence.
Reference:
Ext.C1(d)
Document Type:
Plan
Submitted By:
Court
Relevance:
Plan submitted for reference on construction compliance.
Reference:
Ext.C1(e)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Case Code
Case between Suharabi CP vs Hasna Muhammed et al regarding permanent prohibitory injunction and mandatory injunction.
Case Code Year
Case between Suharabi CP vs Hasna Muhammed et al regarding permanent prohibitory injunction and mandatory injunction.