Case Summary
A.U. Wahab and his wife Shabana Wahab are plaintiffs against Rashad Anwar, Nishan Anwar, and Noushida regarding property ownership and injunction. The plaintiffs claim ownership of the property based on a sale deed and seek injunction against the defendants who are occupying it.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Mandatory injunction to vacate the property and permanent prohibitory injunction from committing waste.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiffs successfully proved ownership through a valid sale deed and demonstrated that the defendants were in permissive occupation of the property.
The plaintiffs successfully proved ownership through a valid sale deed and demonstrated that the defendants were in permissive occupation of the property.
Judgment Evidence:
In the result, O.S. No. 1047/2015 is decreed. 4th defendant is directed by a mandatory injunction to vacate plaint schedule property within two months failing which plaintiffs can seek the assistance of the court and execute the same at her expense.
Parties Involved
Plaintiffs
A.U. Wahab (44 years)
Ayyaril Chakkappanchalil, P.O. Kodungalloor, Thrissur District
Shabana Wahab (37 years)
Ayyaril Chakkappanchalil, P.O. Kodungalloor, Thrissur District
Defendants
Rashad Anwar (34 years)
Darusalam House, Chettukuzhiyil, Karanthoor.P.O., Kozhikode
Nishan Anwar (27 years)
Darusalam House, Chettukuzhiyil, Karanthoor.P.O., Kozhikode
Noushida (30 years)
Darusalam House, Chettukuzhiyil, Karanthoor.P.O., Kozhikode
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Directing the 4th defendant to vacate the plaint schedule property.
Evidence:
4th defendant is directed by a mandatory injunction to vacate plaint schedule property within two months failing which plaintiffs can seek the assistance of the court and execute the same at her expense.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Restraining defendants from inducting strangers or committing any waste in plaint schedule property.
Evidence:
Defendants are restrained by a permanent prohibitory injunction from inducting strangers or committing any waste in plaint schedule property.
Relief Type:
Damages
Outcome:
Granted
Description:
Entitled to realize damages for the use and occupation of plaint schedule property.
Evidence:
Plaintiffs are entitled to realize Rs.12,000/- per month from 4th defendant as damages for the use and occupation of plaint schedule property from the date of suit.
Relief Type:
Costs
Outcome:
Granted
Description:
Entitled to realize the costs of the suit from defendants.
Evidence:
Plaintiffs are entitled to realize the costs of the suit from defendants.
Relief Type:
Other
Outcome:
Dismissed
Description:
The OS. No. 41/2017 is dismissed.
Evidence:
OS. No.41/2017 is dismissed.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Registered sale deed for valid consideration concerning the plaint schedule property.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Prior title deed concerning the transaction.
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt evidencing payment related to the plaint schedule property.
Reference:
Ext.A3
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt evidencing payment related to the plaint schedule property.
Reference:
Ext.A4
Document Type:
Property Tax Receipt
Submitted By:
Plaintiff
Relevance:
Property tax receipt evidencing ownership of the plaint schedule property.
Reference:
Ext.A5
Document Type:
Property Tax Receipt
Submitted By:
Plaintiff
Relevance:
Property tax receipt evidencing ownership of the plaint schedule property.
Reference:
Ext.A6
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt evidencing payment related to the plaint schedule property.
Reference:
Ext.A7
Document Type:
Property Tax Receipt
Submitted By:
Plaintiff
Relevance:
Property tax receipt evidencing ownership of the plaint schedule property.
Reference:
Ext.A8
Document Type:
Water Bill
Submitted By:
Plaintiff
Relevance:
Water bill issued in the name of plaintiffs for the plaint schedule property.
Reference:
Ext.A9
Document Type:
Complaint
Submitted By:
Unknown
Relevance:
Complaint filed regarding trespassing related to the plaint schedule property.
Reference:
Ext.A10
Document Type:
Receipt
Submitted By:
Unknown
Relevance:
Receipt related to the complaint filed with the police.
Reference:
Ext.A11
Document Type:
Certified Copy
Submitted By:
Unknown
Relevance:
Certified copy of the document executed in favor of additional defendant.
Reference:
Ext.A12
Document Type:
Certified Copy
Submitted By:
Unknown
Relevance:
Certified copy of the document executed in favor of additional defendant.
Reference:
Ext.A13
Document Type:
Certified Copy
Submitted By:
Unknown
Relevance:
Certified copy of the judgment of the High Court.
Reference:
Ext.A14
Document Type:
Certificate
Submitted By:
Unknown
Relevance:
Certificate regarding the area of the building in plaint schedule property.
Reference:
Ext.A15
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report detailing the lie and nature of the plaint schedule building.
Reference:
Ext.C1
Document Type:
Sketch
Submitted By:
Court
Relevance:
Rough sketch accompanying commission report.
Reference:
Ext.C1(a)
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report detailing boundary alterations related to the plaint schedule property.
Reference:
Ext.C2
Document Type:
Sketch
Submitted By:
Court
Relevance:
Rough sketch accompanying commission report.
Reference:
Ext.C2(a)
Document Type:
Printouts
Submitted By:
Court
Relevance:
Printout of photographs related to boundary alterations.
Reference:
Ext.C2(b) to Ext.C2(f)
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report detailing width of the pathway related to plaint schedule property.
Reference:
Ext.C3
Document Type:
Sketch
Submitted By:
Court
Relevance:
Sketch prepared in relation to commission report.
Reference:
Ext.C3(a)