Case Summary
Ayisha, the plaintiff, filed a suit against Vellathumparambil,V.P.Balakrishnan and others seeking a permanent prohibitory injunction and recovery of possession of property. The suit arose from disputes over alleged trespass and construction by the defendants on the plaintiff's property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction from creating obstruction in the usage of plaint B schedule property and mandatory injunction to remove themselves from plaint D schedule property.
Case Type
Civil Suit
Final Judgment
No
The suit was decreed in favor of the plaintiff, granting permanent prohibitory injunction against the defendants from obstructing the plaintiff's use of the property and directing the removal of the defendants from the disputed areas.
Why Plaintiff Won:
The court found that the defendants were trespassing on the plaintiff's property as reported in the Advocate Commissioner's assessment.
The court found that the defendants were trespassing on the plaintiff's property as reported in the Advocate Commissioner's assessment.
Losing Side's Weaknesses:
The court found that the defendants were trespassing on the plaintiff's property as reported in the Advocate Commissioner's assessment.
The court found that the defendants were trespassing on the plaintiff's property as reported in the Advocate Commissioner's assessment.
Supporting Evidence
The court's findings indicated that a portion of plaint C schedule property was included in the description provided by the plaintiff, and adequate evidence based on the Advocate Commissioner's report supported the plaintiff's claims.
Judgment Evidence:
In the result, the suit is decreed as follows: 1) The defendants and their men are restrained by a decree of permanent prohibitory injunction from creating obstruction in the usage of plaint B schedule property by the plaintiff and her family members.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Ayisha
- Party Age
- 48
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Vellathumparambil,V.P.Balakrishnan (died)
- Party Age
- 55
- Relation
- S/o.Late
- Party Role
- Defendant
- Party Name
- Shamsudheen
- Party Age
- 39
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Shajihan
- Party Age
- 50
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Malathi
- Party Age
- 58
- Relation
- W/o.Late
- Party Role
- Defendant
- Party Name
- Madhavi
- Party Age
- 82
- Relation
- W/o
Plaintiffs Documents
Certified copies of various Kanam Assignment Deeds and settlement deeds related to the property.
Defendants Documents
Pattayam and Release Deeds regarding the property in question.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Manjith.P
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Sunil Kumar.M.P
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.K.B.Sivaramakrishnan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.M.A.Latheef
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Injunction against the defendants from creating obstruction in the usage of plaint B schedule property.
Evidence:
The defendants and their men are restrained by a decree of permanent prohibitory injunction from creating obstruction in the usage of plaint B schedule property by the plaintiff and her family members.
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Direction for the defendants to remove themselves from plaint D schedule property.
Evidence:
The defendants are directed by a decree of mandatory injunction to remove themselves from plaint D schedule property.
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Order for defendants No.11 to 13 to remove themselves from plaint C schedule property.
Evidence:
Defendants No.11 to 13 are directed by way of mandatory injunction to remove themselves from plaint C schedule property and to demolish the retaining wall constructed on the western side of plaint C schedule property.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Injunction against the defendants from trespassing on plaint B and C schedule property.
Evidence:
Defendants are restrained by a decree of permanent prohibitory injunction from trespassing upon plaint B and C schedule property and from carrying out construction works and from committing wastes in it.
Relief Type:
Recovery
Outcome:
Granted
Description:
Recovery of possession of plaint C schedule property.
Evidence:
Defendants are directed to surrender vacant possession of plaint C schedule property which is shown as CLIFC in Ext.C4(a) plan.
Relief Type:
Recovery
Outcome:
Granted
Description:
Recovery of possession of plaint D schedule property.
Evidence:
Defendants are directed to surrender vacant possession of plaint D schedule property shown as KQPD in Ext.C4(a) plan.
Documents & Evidence
Document Type:
Certified copy of Kanam Assignment Deed
Submitted By:
Plaintiff
Relevance:
Proves the ownership of the plaintiff's father over the plaint A schedule property.
Reference:
Ext.A1
Document Type:
Certified copy of Kanam Assignment Deed
Submitted By:
Plaintiff
Relevance:
Demonstrates a transaction involving a portion of plaint A schedule property.
Reference:
Ext.A2
Document Type:
Certified copy of Kanam Assignment Deed
Submitted By:
Plaintiff
Relevance:
Further establishes transactions related to the plaint A schedule property.
Reference:
Ext.A3
Document Type:
Certified copy of Kanam Assignment Deed
Submitted By:
Plaintiff
Relevance:
Indicates another transfer of property from plaint A schedule.
Reference:
Ext.A4
Document Type:
Certified copy of Kanam Assignment Deed
Submitted By:
Plaintiff
Relevance:
Clarifies the creation of a way left out which is relevant to plaint B schedule.
Reference:
Ext.A5
Document Type:
Certified copy of Kanam Assignment Deed
Submitted By:
Plaintiff
Relevance:
Proves further transactions from the plaint A schedule property.
Reference:
Ext.A6
Document Type:
Registration copy of settlement Deed
Submitted By:
Plaintiff
Relevance:
Shows the settlement of a portion of plaint A schedule property in favor of the plaintiff.
Reference:
Ext.A7
Document Type:
Pattayam
Submitted By:
Defendant
Relevance:
Claims the origin of the defendant's property, establishing grounds against the plaintiff's claims.
Reference:
Ext.B1
Document Type:
Release deed
Submitted By:
Defendant
Relevance:
Demonstrates transfer of property rights relevant to the case.
Reference:
Ext.B2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Details findings related to property boundaries relevant to plaints A, B, and C.
Reference:
Ext.C1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Further investigation into property boundaries and usage related to plaints.
Reference:
Ext.C2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Confirms trespass on plaint C schedule property.
Reference:
Ext.C3
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Case Code
Case between Ayisha vs Vellathumparambil,V.P.Balakrishnan et al regarding permanent prohibitory injunction, mandatory injunction and recovery of possession.
Case Code Year
Case between Ayisha vs Vellathumparambil,V.P.Balakrishnan et al regarding permanent prohibitory injunction, mandatory injunction and recovery of possession.