Case Summary
This case involves plaintiffs Padmini and Nidheesh seeking a perpetual prohibitory injunction to prevent the defendants from evicting them from their property. The plaintiffs allege that they are the lawful occupants of the property and have faced threats of eviction from the defendants.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Perpetual prohibitory injunction
Case Type
Civil Suit
Final Judgment
No
The suit is decreed with costs, permanently restraining the defendants from evicting the plaintiffs from the plaint schedule hut and from causing any obstructions in repairing the house for the plaintiffs.
Why Plaintiff Won:
The plaintiffs have established ownership and possession of the plaint schedule property.
The plaintiffs have established ownership and possession of the plaint schedule property.
Losing Side's Weaknesses:
The plaintiffs have established ownership and possession of the plaint schedule property.
The plaintiffs have established ownership and possession of the plaint schedule property.
Supporting Evidence
Exts.A1 to A17 would show the ownership and possession of the plaintiff in plaint schedule property. Hence the apprehension of the plaintiffs that defendants being the earlier jenmees would evict them from the plaint schedule property becomes valid.
Judgment Evidence:
In the result, suit is decreed with costs as follows: Defendants are hereby permanently restrained by a decree for perpetual prohibitory injunction restraining the defendants from evicting plaintiffs from the plaint schedule hut and from causing any obstructions in repairing the house facilitating smooth living of the plaintiffs in the plaint schedule house.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Padmini
- Party Age
- 57
- Relation
- W/o. Late. Kunhutty
- Party Role
- Plaintiff
- Party Name
- Nidheesh
- Party Age
- 28
- Relation
- S/o. Late. Kunhutty
- Party Role
- Defendant
- Party Name
- Yasodha P
- Relation
- D/o.Korappan
- Party Role
- Defendant
- Party Name
- Anil Kumar
- Relation
- S/o. Sreedharan
- Party Role
- Defendant
- Party Name
- Sunil Kumar
- Relation
- S/o. Sreedharan
- Party Role
- Defendant
- Party Name
- Rajeev
- Relation
- S/o. Sreedharan
- Party Role
- Defendant
- Party Name
- Boby
- Relation
- S/o. Rajan
Plaintiffs Documents
Death certificates, Building tax receipts, Legal heirs' certificates, Copy of voters list, Possession certificate.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. K.N. Saseendran
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Simon Chacko
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Plaintiffs were granted a perpetual prohibitory injunction restraining defendants from evicting them from the plaint schedule hut.
Evidence:
Defendants are hereby permanently restrained by a decree for perpetual prohibitory injunction restraining the defendants from evicting plaintiffs from the plaint schedule hut and from causing any obstructions in repairing the house facilitating smooth living of the plaintiffs in the plaint schedule house.
Documents & Evidence
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Shows the death of Lakshmi.K, establishing the lineage and rights of the plaintiffs.
Reference:
Ext.A1
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Shows the death of K.Kunhutty, supporting the claim of inheritance by the plaintiffs.
Reference:
Ext.A2
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Provides evidence of the death of Shanmughan, relevant to the plaintiff's claim.
Reference:
Ext.A3
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
Indicates tax payments related to the property, supporting the plaintiffs' claims.
Reference:
Ext.A4
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
Further evidence of taxes paid on the property, reinforcing the plaintiffs' ownership.
Reference:
Ext.A4(a)
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
Additional evidence of property tax payments.
Reference:
Ext.A4(b)
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
Additional evidence of property tax payments.
Reference:
Ext.A4(c)
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
Continues to provide evidence of tax payments on the property by the plaintiffs.
Reference:
Ext.A4(d)
Document Type:
Extract of property tax assessment Register
Submitted By:
Plaintiff
Relevance:
Records the assessment of taxes relevant to the plaintiffs' claim spanning multiple years.
Reference:
Ext.A5
Document Type:
Legal heirship certificate
Submitted By:
Plaintiff
Relevance:
Validates the heirs of Lakshmi.K, essential for establishing the plaintiffs' rights.
Reference:
Ext.A6
Document Type:
Legal heirship certificate
Submitted By:
Plaintiff
Relevance:
Validates the heirs of Kunhutty, further supporting the plaintiffs' claims.
Reference:
Ext.A7
Document Type:
Copy of report by Village Officer
Submitted By:
Plaintiff
Relevance:
Supportive evidence of the plaintiffs' residence and claim.
Reference:
Ext.A8
Document Type:
Copy of report by Village Officer
Submitted By:
Plaintiff
Relevance:
Additional report by the Village Officer providing further evidence in support of the plaintiffs' claim.
Reference:
Ext.A8(a)
Document Type:
Residence Certificate
Submitted By:
Plaintiff
Relevance:
Confirms the residency of Nidheesh.K, relevant to the case's claims.
Reference:
Ext.A9
Document Type:
Residence Certificate
Submitted By:
Plaintiff
Relevance:
Confirms the residency of Padmini.K, further supporting the plaintiffs' case.
Reference:
Ext.A9(a)
Document Type:
Residence Certificate
Submitted By:
Plaintiff
Relevance:
Provides additional evidence of residency by Padmini.K.
Reference:
Ext.A9(b)
Document Type:
Copy of voters list
Submitted By:
Plaintiff
Relevance:
Provides evidence of the plaintiffs' identity and residency.
Reference:
Ext.A10
Document Type:
Copy of enquiry report
Submitted By:
Plaintiff
Relevance:
Reports findings relevant to the plaintiffs' claim.
Reference:
Ext.A11
Document Type:
Copy of adangal
Submitted By:
Plaintiff
Relevance:
Records land ownership pertinent to plaintiffs' claims.
Reference:
Ext.A12
Document Type:
Copy of adangal
Submitted By:
Plaintiff
Relevance:
Further documentation of land ownership.
Reference:
Ext.A12(a)
Document Type:
Ration Card
Submitted By:
Plaintiff
Relevance:
Provides identity evidence and residency of Lakshmi.
Reference:
Ext.A13
Document Type:
Ration Card
Submitted By:
Plaintiff
Relevance:
Additional identity evidence of Lakshmi.
Reference:
Ext.A13(a)
Document Type:
Original purchase certificate
Submitted By:
Plaintiff
Relevance:
Provides proof of ownership, essential for the plaintiffs' claims.
Reference:
Ext.A14
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Demonstrates continued financial obligation and ownership of the property.
Reference:
Ext.A15
Document Type:
Property Tax Receipt
Submitted By:
Plaintiff
Relevance:
Additional evidence of payments made for the property.
Reference:
Ext.A15(a)
Document Type:
Property Tax Receipt
Submitted By:
Plaintiff
Relevance:
Further affirmation of the property tax payments.
Reference:
Ext.A15(b)
Document Type:
Property Tax Receipt
Submitted By:
Plaintiff
Relevance:
Continued support of the claims through tax payment evidence.
Reference:
Ext.A15(c)
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
Evidence confirming the plaintiffs' possession of the property.
Reference:
Ext.A16
Document Type:
Certified copy of plan
Submitted By:
Plaintiff
Relevance:
Illustrates the property layout relevant to the case.
Reference:
Ext.A17
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Unauthorized occupation
Case Code
Case between Padmini vs Yasodha P regarding perpetual prohibitory injunction
Case Code Year
Case between Padmini vs Yasodha P regarding perpetual prohibitory injunction