Case Summary
Habeeb filed a suit for perpetual injunction against Basheer and Jini Basheer to prevent them from encroaching on his property and threatening to demolish the compound wall. The court ruled in favor of Habeeb, upholding his rights over the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Perpetual injunction restraining the defendants from encroaching onto the plaintiff's property and demolishing the compound wall.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The evidence presented by the plaintiff was unchallenged and proved his entitlement to the relief sought.
The evidence presented by the plaintiff was unchallenged and proved his entitlement to the relief sought.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: Defendants or their men are to hereby restrained from entering forcefully into the plaint schedule property or destroy the compound wall situating on the northern side of the plaint schedule property or construct any compound wall by encroaching into the plaint schedule property or take any portion of the plaint schedule property in to their possession or cause any destructions to the plaint schedule property or do any act detrimental to the rights of the plaintiff over the plaint schedule property by way of perpetual injunction.
Parties Involved
Plaintiffs
Habeeb (43 years)
Aryankalayil House, Muvattupuzha Market, Kavunkara Kara, Velloorkunnam Village, Muvattupuzha Taluk, Pin : 686673
Defendants
Basheer (52 years)
Mundackal House, Mudickal P.O., Pallipram Kara, Marambilly Village, Kunnathunadu Taluk, Pin : 683547
Jini Basheer (48 years)
Mundackal House, Mudickal P.O., Pallipram Kara, Marambilly Village, Kunnathunadu Taluk, Pin : 683547
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Plaintiff sought a perpetual injunction restraining the defendants from entering the plaint schedule property or causing any destruction.
Evidence:
The suit is decreed with costs as follows:- Defendants or their men are to hereby restrained from entering forcefully into the plaint schedule property...
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the sale deed proving the plaintiff's ownership of the property in question.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Land tax receipt indicating the plaintiff's possession of the property.
Reference:
Ext.A2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report submitted by the Advocate Commissioner identifying the property boundaries.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Rough sketch submitted along with the commission report illustrating the property layout.
Reference:
Ext.C1(a)