Case Summary
The plaintiffs, Narmadha and others, claim ownership and possession of a property originally held under a partition deed. They seek an injunction against the defendant, Marakkath Lal, who is the legal heir of the previous owner, to prevent trespassing into the property.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court found that the plaintiffs failed to establish their case for a permanent injunction as they did not identify the property properly. Thus, the suit was dismissed without costs.
Key Reasoning:
The plaintiffs failed to identify the plaint B schedule property adequately.
The plaintiffs failed to identify the plaint B schedule property adequately.
Why Defendant Won:
The plaintiffs failed to identify the plaint B schedule property adequately.
The plaintiffs failed to identify the plaint B schedule property adequately.
Supporting Evidence
The plaintiffs failed to identify plaint B schedule property on the basis of its description in the plaint.
Judgment Evidence:
In the result, the suit is dismissed without costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Narmadha
- Party Age
- 83
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Sindhu
- Party Age
- 52
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Sanjitha
- Party Age
- 50
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Sooraj
- Party Age
- 46
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Marakkath Lal
- Party Age
- 56
- Relation
- S/o
Plaintiffs Documents
Registration copy of partition deed No.1330/1981, Copy of land tax receipt dated 03.07.2020, Copy of complaint filed by Sooraj before SHO Nadakkavu on 05.07.2020.
Defendants Documents
Electricity demand and disconnection notice issued by Electricity Board in the name of Kesavan, Property receipts issued by Kozhikode Municipal Corporation in the name of Kesavan.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.K.B.Sivarama Krishnan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Akshay Kammath
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.K.B.Sahasranaman
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Muhammed Hussain.K
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Plaintiffs requested a permanent injunction restraining the defendants from trespassing into the plaint B scheduled property.
Evidence:
The plaintiffs are not entitled for a discretionary relief of permanent prohibitory injunction as prayed for.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
This document establishes the plaintiffs' ownership and possession of the property in question.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
This document shows that the plaintiffs have remitted tax for the said properties.
Reference:
Ext.A2
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
This document details the police complaint filed by the plaintiffs against the defendant regarding trespassing.
Reference:
Ext.A4
Document Type:
Electricity Demand Notice
Submitted By:
Defendant
Relevance:
This document is related to the electricity services in the name of Kesavan, clarifying his association with the property.
Reference:
Ext.B1
Document Type:
Property Receipt
Submitted By:
Defendant
Relevance:
This document shows the property receipt issued in the name of Kesavan from the municipal corporation.
Reference:
Ext.B2
Document Type:
Property Receipt
Submitted By:
Defendant
Relevance:
This document shows another property receipt issued in the name of Kesavan.
Reference:
Ext.B3
Document Type:
Property Receipt
Submitted By:
Defendant
Relevance:
This document shows a recent property receipt issued in the name of Kesavan.
Reference:
Ext.B4
Document Type:
Cash Receipt
Submitted By:
Defendant
Relevance:
This document shows a cash receipt issued in the name of Kesavan.
Reference:
Ext.B5
Document Type:
Cash Receipt
Submitted By:
Defendant
Relevance:
This document shows another cash receipt issued in the name of Kesavan.
Reference:
Ext.B6
Document Type:
Cash Receipt
Submitted By:
Defendant
Relevance:
This document shows a recent cash receipt issued in the name of Kesavan.
Reference:
Ext.B7
Document Type:
Property Receipt
Submitted By:
Defendant
Relevance:
This document shows a property receipt related to Madhavi M issued by the municipal corporation.
Reference:
Ext.B8
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This report offers insights into the identification and boundaries of the disputed property.
Reference:
Ext.C1
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Unauthorized occupation
Case Code
Case between Narmadha et al vs Marakkath Lal regarding permanent injunction
Case Code Year
Case between Narmadha et al vs Marakkath Lal regarding permanent injunction