Case Summary
The plaintiffs, Abdul Jabbar and his wife Jameela, are the owners of a property and seek to prevent the defendant, Jerin Kurian, from trespassing and destroying improvements on their property. The defendant has allegedly attempted to interfere with the plaintiffs' ownership.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction
Case Type
Civil Suit
Final Judgment
No
The suit was decreed in favor of the plaintiffs, granting them a permanent prohibitory injunction against the defendant to prevent trespassing.
Why Plaintiff Won:
The evidence presented by the plaintiffs established their ownership and possession of the property.
The evidence presented by the plaintiffs established their ownership and possession of the property.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The plaint averments, affidavit and the documents would establish the case of the plaintiff. There is no evidence to rebut the evidence adduced on the side of the plaintiff.
Judgment Evidence:
In the result, the suit is decreed as follows; The defendant or anybody under him are restrained by a decree of permanent prohibitory injunction from trespassing into the plaint schedule property, from demolishing the boundaries of the plaint schedule property, destroy the improvements in the same, commit waste therein, changing the nature and lie of the plaint schedule property and from doing any other acts detrimental to the interest of the plaintiff in the schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Abdul Jabbar
- Party Age
- 72
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Jameela @ Jameela AlukaranAlikunji
- Party Age
- 66
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Jerin Kurian
- Party Age
- 48
- Relation
- S/o
Plaintiffs Documents
Copy of Power of Attorney no. 95/1992, Copy of Sale Deed no. 3055/1990, Tax Receipt, Possession Certificate
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Adv. Tharakan
- Appearance Type
- Main Counsel
- Law Firm
- George Associates
- Party Role
- Plaintiff
- Advocate Name
- Adv. Richu Tharian George
- Appearance Type
- Assisting Counsel
- Law Firm
- George Associates
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendant and others are restrained from trespassing into the plaint schedule property and committing waste.
Evidence:
The defendant or anybody under him are restrained by a decree of permanent prohibitory injunction from trespassing into the plaint schedule property, from demolishing the boundaries of the plaint schedule property, destroy the improvements in the same, commit waste therein, changing the nature and lie of the plaint schedule property and from doing any other acts detrimental to the interest of the plaintiff in the schedule property.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
This document establishes the authority of the second plaintiff in favor of the first plaintiff.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
This document proves the plaintiffs' ownership of the plaint schedule property.
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
This document indicates that the plaintiffs are paying taxes for the plaint schedule property.
Reference:
Ext.A3
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
This document confirms the plaintiffs' possession of the plaint schedule property.
Reference:
Ext.A4
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This report submitted by the court provides findings related to the plaint schedule property.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
This sketch outlines the physical layout of the plaint schedule property.
Reference:
Ext.C1(a)
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
Witness testimony supporting the plaintiff's claims.
Reference:
Case Classification
Case Type
Civil Suit
Category
Injunction and Access Rights
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Unauthorized occupation
Case Code
Case between Abdul Jabbar et al vs Jerin Kurian regarding injunction
Case Code Year
Case between Abdul Jabbar et al vs Jerin Kurian regarding injunction