Case Summary
Vadakke Painkal Muhammed Haji is the plaintiff seeking a mandatory and perpetual injunction against Chembra Chanthu. The case involves an encroachment issue where the defendant allegedly constructed a structure on the plaintiff's property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Mandatory injunction to demolish the varambu and restore possession of the plaint B schedule property
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, ordering the defendant to demolish the unauthorized structure and restore possession of the disputed property.
Why Plaintiff Won:
The court found the plaintiff's evidence credible and unchallenged due to the defendant's absence.
The court found the plaintiff's evidence credible and unchallenged due to the defendant's absence.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
As the defendant opted to remain exparte the evidence adduced by the plaintiff remains unchallenged. I find no reason to disbelieve the plaintiff.
Judgment Evidence:
The suit is decreed as follows: a) The defendant is directed by a mandatory injunction to demolish the varambu constructed by him as shown as FE in the sketch along with plaint within 2 months from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Vadakke Painkal Muhammed Haji
- Party Age
- 55
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Chembra Chanthu
- Party Age
- 45
- Relation
- S/o
Plaintiffs Documents
Tax Receipt, Photocopy of Jenm Assignment Deed No. 2475/1982, Photocopy of Jenm assignment Deed No. 1007/1996, Estimate form of Village officer R.S. No. 381/1, Estimate form of Village officer R.S. No. 381/2, Photo Copy of jenm Assignment deed No. 3527/2015
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.A. Mamu
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Mujeeb Rahiman.V
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Defendant is directed to demolish the varambu constructed by him.
Evidence:
The defendant is directed by a mandatory injunction to demolish the varambu constructed by him as shown as FE in the sketch along with plaint within 2 months from today.
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendant is directed to give possession of plaint 'B' schedule property.
Evidence:
The defendant is directed to give the possession of plaint 'B' schedule property within 2 months from today.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendant is restrained from making any encroachment into plaint 'B' schedule property.
Evidence:
The defendant is hereby restrained from making any encroachment into the plaint 'B' schedule property and to make any improvements in the plaint 'B' Schedule property.
Documents & Evidence
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Provided as part of evidence of ownership.
Reference:
Ext.A1
Document Type:
Photocopy of Jenm Assignment Deed
Submitted By:
Plaintiff
Relevance:
Established ownership of plaint A schedule property.
Reference:
Ext.A2
Document Type:
Photocopy of Jenm Assignment Deed
Submitted By:
Plaintiff
Relevance:
Provided additional evidence related to ownership.
Reference:
Ext.A3
Document Type:
Estimate form of Village officer
Submitted By:
Plaintiff
Relevance:
Related to the property boundaries.
Reference:
Ext.A4
Document Type:
Estimate form of Village officer
Submitted By:
Plaintiff
Relevance:
Related to the property boundaries.
Reference:
Ext.A5
Document Type:
Photo copy of Jenm Assignment Deed
Submitted By:
Plaintiff
Relevance:
Provided as part of evidence of ownership.
Reference:
Ext.A6
Document Type:
Commissioner Report
Submitted By:
Court
Relevance:
Provided court's findings related to property inspection.
Reference:
Ext.C1
Document Type:
Plan
Submitted By:
Court
Relevance:
Plan related to property evaluation.
Reference:
Ext.C2
Document Type:
Commissioner Report
Submitted By:
Court
Relevance:
Provided additional findings from the inspection.
Reference:
Ext.C3
Document Type:
Plan
Submitted By:
Court
Relevance:
Related to the property boundaries and encroachments.
Reference:
Ext.C4
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Vadakke Painkal Muhammed Haji vs Chembra Chanthu regarding mandatory injunction and possession
Case Code Year
Case between Vadakke Painkal Muhammed Haji vs Chembra Chanthu regarding mandatory injunction and possession