Case Summary
The plaintiff, Abdul Rasheed, seeks an injunction to prevent the defendants, who are his siblings, from assigning their share of inherited property. The case centers around a dispute regarding ownership and possession of a house built on the shared property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against the defendants from interfering with the plaintiff's possession of the house.
Case Type
Injunction
Final Judgment
No
The court decreed the suit in part, granting the plaintiff an injunction against the defendants from interfering with his possession of the house he constructed. The defendants were restrained from evicting the plaintiff.
Why Plaintiff Won:
The plaintiff successfully proved his case with reliable evidence regarding the ownership and possession of the property.
The plaintiff successfully proved his case with reliable evidence regarding the ownership and possession of the property.
Losing Side's Weaknesses:
The plaintiff successfully proved his case with reliable evidence regarding the ownership and possession of the property.
The plaintiff successfully proved his case with reliable evidence regarding the ownership and possession of the property.
Supporting Evidence
The plaintiff has proved his case by adducing cogent and reliable evidence. Since the defendants did not file a written statement, the evidence adduced by the plaintiff remained unchallenged.
Judgment Evidence:
In the result, the suit is decreed in part as follows. I. The defendants and their men are restrained by way of permanent prohibitory injunction, from interfering with the peaceable possession and enjoyment of the house, situated in the plaint schedule property, by the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Abdul Rasheed
- Party Age
- 47
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Moideen @ Sainudheen
- Party Age
- 43
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Ayisha
- Party Age
- 35
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Aminummu
- Party Age
- 58
- Relation
- W/o
Plaintiffs Documents
Certified copy of Jenm Assignment Deed Doc. No. 1994/1/13, Certified copy of Settlement Deed Doc. No. 3132/2013.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. E.M.Purushothaman
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.M.K.Moosakutty
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendants and their men are restrained from interfering with the peaceable possession and enjoyment of the house by the plaintiff.
Evidence:
The defendants and their men are restrained by way of permanent prohibitory injunction, from interfering with the peaceable possession and enjoyment of the house, situated in the plaint schedule property, by the plaintiff.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendants are restrained from evicting the plaintiff and his family from the house.
Evidence:
The defendants are also restrained by way of permanent prohibitory injunction, from evicting the plaintiff and his family from the house, otherwise then in due process of law.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to realize the costs of the suit from the defendant.
Evidence:
Plaintiff is entitled to realize the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the settlement deed wherein the plaintiff's father transferred his share in the property in favor of the plaintiff.
Reference:
Ext.A2
Document Type:
Jenam Assignment Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the Jenm Assignment Deed indicating original ownership of the property.
Reference:
Ext.A3
Case Classification
Case Type
Injunction
Category
Other Civil Cases
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Abdul Rasheed vs Moideen @ Sainudheen, Ayisha, Aminummu regarding Injunction
Case Code Year
Case between Abdul Rasheed vs Moideen @ Sainudheen, Ayisha, Aminummu regarding Injunction