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
The court ruled in favor of the plaintiff and decreed the suit with costs, providing a perpetual injunction against the defendants.
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.
Losing Side's Weaknesses:
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.
Supporting Evidence
The evidence tendered by PW1, CW1 and the documents marked as Ext.A1 and A2, C1 & C1(a) stands unchallenged. In the absence of any contra evidence, the unchallenged evidence of PW1 and the documents marked as Ext.A1 and A2, C1, C1(a) proves the case of the plaintiff.
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
Parties
- Party Role
- Plaintiff
- Party Name
- Habeeb
- Party Age
- 43
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Basheer
- Party Age
- 52
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Jini Basheer
- Party Age
- 48
- Relation
- W/o
Plaintiffs Documents
Certified copy of the sale deed bearing No. 4138/1/2019, Land tax receipt dated 08.08.2024
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.M. Alias
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- P.V. Shiji
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Lakshmi Raj
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Hanna Beegam
- Appearance Type
- Main Counsel
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)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Perumbavoor
Common Reasons
Case Code
Case between Habeeb vs Basheer et al regarding perpetual injunction
Case Code Year
Case between Habeeb vs Basheer et al regarding perpetual injunction