Case Summary
Shiji.M filed a suit against Hassan Haji and others seeking a perpetual prohibitory injunction to prevent them from trespassing into her property. The case involves disputes over property rights and unauthorized construction.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The suit was dismissed with costs of the defendants. The court found that the plaintiff was not entitled to the injunction as she approached the court without clean hands.
Key Reasoning:
The plaintiff was found not entitled to the relief due to approaching the court without clean hands.
The plaintiff was found not entitled to the relief due to approaching the court without clean hands.
Why Defendant Won:
The plaintiff was found not entitled to the relief due to approaching the court without clean hands.
The plaintiff was found not entitled to the relief due to approaching the court without clean hands.
Supporting Evidence
The plaintiff has approached this court without clean hands and she is not entitled to get an order of injunction.
Judgment Evidence:
In the result, the suit is dismissed with costs of defendants.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Shiji.M
- Party Age
- 35
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Hassan Haji
- Party Age
- 69
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Kozhikode Municipal Corporation
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Mariyutty
- Party Age
- 80
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Habeeb Yahiman
- Party Age
- 60
- Party Role
- Defendant
- Party Name
- Abdul Rasheed
- Party Age
- 58
Plaintiffs Documents
Original Janmam assignment deed No. 2132/2016, Certificate issued from Corporation office, Kozhikode, Original possession certificate issued from Village office, Chevayur.
Defendants Documents
Certified copy of award passed by Special Thahasildar, Proceedings of the Co-ordinator, PWD related to Order No. KCRIP/LA-CWRDM/07.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. M. Jayadeep
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- K. Subhin
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Sabi Joseph
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. K.S. Rajagopalan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Plaintiff sought an injunction to prevent the 1st defendant from trespassing.
Evidence:
Therefore, it can only be concluded that the plaintiff failed to prove that she is in lawful possession of the plaint schedule property.
Documents & Evidence
Document Type:
Original Janmam assignment Deed
Submitted By:
Plaintiff
Relevance:
Purchased property from Subaja, establishing ownership.
Reference:
Ext.A1
Document Type:
Certificate issued from Corporation office
Submitted By:
Plaintiff
Relevance:
Supports the plaintiff's claim about the property.
Reference:
Ext.A2
Document Type:
Original possession certificate
Submitted By:
Plaintiff
Relevance:
Demonstrates the plaintiff's possession of the property.
Reference:
Ext.A3
Document Type:
Proceedings of Secretary, Kozhikode Corporation
Submitted By:
Plaintiff
Relevance:
Details the Corporation's position regarding the property.
Reference:
Ext.A4
Document Type:
Original property tax receipt
Submitted By:
Plaintiff
Relevance:
Proves tax payments related to the property.
Reference:
Ext.A5
Document Type:
Original property tax receipt
Submitted By:
Plaintiff
Relevance:
Proves tax payments related to the property.
Reference:
Ext.A6
Document Type:
Original property tax receipt
Submitted By:
Plaintiff
Relevance:
Proves tax payments related to the property.
Reference:
Ext.A7
Document Type:
Original Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Documents land tax status for the relevant property.
Reference:
Ext.A8
Document Type:
Copy of property tax receipt
Submitted By:
Plaintiff
Relevance:
Proves tax payments related to the property.
Reference:
Ext.A9
Document Type:
Certified copy of award
Submitted By:
Defendant
Relevance:
Establishes the authority's actions regarding land acquisition.
Reference:
Ext.B1
Document Type:
Proceedings related to land acquisition
Submitted By:
Defendant
Relevance:
Details the demolition order concerning the property.
Reference:
Ext.B2
Document Type:
Acknowledgment for receipt of money
Submitted By:
Defendant
Relevance:
Confirms compensation paid for the property affected by acquisition.
Reference:
Ext.B3
Document Type:
Copy of application filed
Submitted By:
Defendant
Relevance:
Shows complaints regarding unauthorized construction.
Reference:
Ext.B4
Document Type:
Reply letter issued
Submitted By:
Defendant
Relevance:
Confirms response from the Corporation regarding unauthorized actions.
Reference:
Ext.B6
Document Type:
Copy of statement filed
Submitted By:
Defendant
Relevance:
Highlights the Corporation's position in ongoing disputes.
Reference:
Ext.B7
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Details findings related to the possession and condition of the property.
Reference:
Ext.C1
Case Classification
Case Type
Civil Suit
Category
Injunction and Access Rights
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Case Code
Case between Shiji.M vs Hassan Haji et al regarding perpetual prohibitory injunction.
Case Code Year
Case between Shiji.M vs Hassan Haji et al regarding perpetual prohibitory injunction.