Case Summary
The plaintiff filed a suit seeking injunction to prevent obstruction in the renovation of a building caused by the defendants, who claim to be tenants in the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction
Case Type
Civil Suit - Mandatory Injunction
Final Judgment
No
OS No.232/14 was decreed for an injunction restraining defendants from taking over possession of the property. OS No.199/14 was dismissed with costs.
Why Plaintiff Won:
The plaintiff was able to prove ownership and peaceful possession of the property before facing obstruction from the defendant.
The plaintiff was able to prove ownership and peaceful possession of the property before facing obstruction from the defendant.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The plaintiff was able to demonstrate lawful ownership and possession of the property, while the defendants' contentions lacked substantial evidence.
Judgment Evidence:
OS No.232/14 was decreed restraining the defendant from possibly taking over the possession of the plaint schedule property or to obstruct the plaintiff's peaceful possession.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Areekkunnath Sreenivasan
- Party Age
- 52
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Dr.K.Abdul Nazar
- Party Age
- 50
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Kunnath Abdul Shereef
- Party Age
- 40
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Poozhithodiyil Abdul Rahman
- Party Age
- 50
- Party Role
- Defendant
- Party Name
- Kunnath Muhammed Shafi
- Party Age
- 32
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Ullattil Basila
- Party Age
- 34
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Tharammal Febina
- Party Age
- 24
- Relation
- W/o
Plaintiffs Documents
Jenm Assignment deed No.1917/14 dated 14-5-2014, Tax Receipt dated 16-6-2014, Building Tax receipt dated 2-3-2014, Possession Certificate dated 7-5-2014
Defendants Documents
Rent Agreement (Photocopy) dated 7-6-1996, Rent receipt dated 13-12-2013, Money order form dated 4-4-2014 etc.
Advocates
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Directing defendants to restore the wooden staircase used for access to the property
Evidence:
OS No.232/14 was decreed for an injunction restraining defendants from taking over possession.
Relief Type:
Permanent Prohibitory Injunction
Outcome:
Granted
Description:
Restraining defendants from making obstructions in plaintiff's peaceful possession
Evidence:
The plaintiff was able to demonstrate lawful ownership and possession.
Documents & Evidence
Document Type:
Jenm Assignment Deed
Submitted By:
Plaintiff
Relevance:
Reflects the ownership of the property
Reference:
709/3
Document Type:
Rent Agreement
Submitted By:
Defendant
Relevance:
Evidence of the rental agreement
Reference:
B1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Contains observations of the advocate commissioner on property condition
Reference:
C1
Case Classification
Case Type
Civil Suit - Mandatory Injunction
Category
Injunction and Access Rights
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Possession dispute
Case Code
Case between Areekkunnath Sreenivasan and Dr.K.Abdul Nazar et al regarding possession dispute
Case Code Year
Case between Areekkunnath Sreenivasan and Dr.K.Abdul Nazar et al regarding possession dispute