Case Summary
The plaintiffs, Eranjoli Muhammed and Eranjoli Koya, are seeking a perpetual prohibitory injunction against the defendants, Alikoya, Selma, Nazarudheen, Asiya, and others, to stop them from using a property claimed by the plaintiffs. The plaintiffs also seek to declare certain agreements and sale deeds as invalid.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court found that the plaintiffs do not have exclusive ownership over the plaint B schedule property and that the defendants have similar rights to use it. Consequently, the suit was dismissed.
Key Reasoning:
The plaintiffs failed to prove their exclusive right over the plaint B schedule property and did not join necessary parties.
The plaintiffs failed to prove their exclusive right over the plaint B schedule property and did not join necessary parties.
Why Defendant Won:
The plaintiffs failed to prove their exclusive right over the plaint B schedule property and did not join necessary parties.
The plaintiffs failed to prove their exclusive right over the plaint B schedule property and did not join necessary parties.
Supporting Evidence
It is found that the necessary parties are not joined in the suit and the suit is not filed as per o.1 r.8 of C.P.C. Further it is found that the plaintiff No.1 has no exclusive right over the plaint B schedule property.
Judgment Evidence:
In the result, the suit is dismissed with costs of the defendants.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Eranjoli Muhammed
- Party Age
- 41
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Eranjoli Koya
- Party Age
- 50
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Alikoya
- Party Age
- 59
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Selma
- Party Age
- 50
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Nazarudheen @ Moosakoya
- Party Age
- 66
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Asiya
- Party Age
- 58
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- C. Noushad
- Party Age
- 42
- Relation
- S/o
Plaintiffs Documents
Certified copies of sale deeds and land tax receipts pertaining to the plaint B schedule property.
Defendants Documents
Janmam sale deed, sale deed documents, land tax receipts, and commission reports submitted during the trial.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. T.V. Pradeep Kumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. K.M. Muhammed Iqbal
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. K.P. Muhammed Arif
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Injunction
Outcome:
Refused
Description:
Perpetual prohibitory injunction to restrain the defendants from using the plaint B schedule property.
Evidence:
In view of the findings in issue Nos’ 1 to 6, it is found that the plaintiff is not entitled to get a declaration and injunction as prayed for.
Relief Type:
Declaration
Outcome:
Refused
Description:
Seeking to declare that the agreement bearing No.3119/2012 and sale deeds 2314/2013 and 2815/2017 are not binding upon the plaintiffs.
Evidence:
In view of the findings in issue Nos’ 1 to 6, it is found that the plaintiff is not entitled to get a declaration and injunction as prayed for.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Janmam sale deed No. 211/08 of SRO, Chathamangalam
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Land tax receipt
Reference:
Ext.A2
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of janmam sale deed No. 1721/2015 of SRO, Chathamangalam
Reference:
Ext.A3
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Land tax receipt
Reference:
Ext.A4
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed No. 216/08 of SRO, Chathamangalam
Reference:
Ext.A5
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Land tax receipt
Reference:
Ext.A6
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed No. 2815/17 of SRO, Chathamangalam
Reference:
Ext.A7
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Land tax receipt
Reference:
Ext.A8
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Janmam sale deed No. 1212/12 of SRO, Chathamangalam(Original)
Reference:
Ext.B1
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Sale deed No. 217/2008 of SRO, Chathamangalam
Reference:
Ext.B2
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Kanam sale deed No. 236/1985 of SRO, Chevayur(original)
Reference:
Ext.B3
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Certified copy of Janmam sale deed No. 581/1980 of SRO, Chevayur
Reference:
Ext.B4
Document Type:
Land Tax Receipt
Submitted By:
Defendant
Relevance:
Land tax receipt
Reference:
Ext.B5
Document Type:
Land Tax Receipt
Submitted By:
Defendant
Relevance:
Land tax receipt
Reference:
Ext.B6
Document Type:
Land Tax Receipt
Submitted By:
Defendant
Relevance:
Land tax receipt
Reference:
Ext.B7
Document Type:
Settlement Deed
Submitted By:
Defendant
Relevance:
Settlement deed No. 1177/90 of SRO, Chathamangalam(original)
Reference:
Ext.B8
Document Type:
Photographs
Submitted By:
Defendant
Relevance:
Photographs 12 Nos
Reference:
Ext.B9 series
Document Type:
Photo CD
Submitted By:
Defendant
Relevance:
Photo CD
Reference:
Ext.B10
Document Type:
Receipt
Submitted By:
Defendant
Relevance:
Receipt No. 411 issued by R.V. Best frame Digital Videography and Photography, Peringolam
Reference:
Ext.B11
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report submitted by advocate Raghuram Sanker.P
Reference:
Ext.C1
Document Type:
Sketch
Submitted By:
Court
Relevance:
Sketch
Reference:
Ext.C1(a)
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report submitted by advocate K.A. Muhammed Hussain
Reference:
Ext.C2
Document Type:
Sketch
Submitted By:
Court
Relevance:
Sketch
Reference:
Ext.C2(a)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Case Code
Case between Eranjoli Muhammed et al vs Alikoya et al regarding perpetual prohibitory injunction and declaration of rights over property.
Case Code Year
Case between Eranjoli Muhammed et al vs Alikoya et al regarding perpetual prohibitory injunction and declaration of rights over property.