Case Summary
Haneefa, the plaintiff, is seeking an injunction against Fathima Umarkunnath and others regarding a property dispute. The plaintiff claims ownership of the property and contends that the defendants attempted to evict his mother from the house.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendants No. 2 to 4 and their men are restrained from trespassing into the plaint schedule property and house therein and also restrained from committing waste.
Case Type
Injunction
Final Judgment
No
Why Plaintiff Won:
The plaintiff proved ownership of the property by adducible evidence and established a threat from the defendants.
The plaintiff proved ownership of the property by adducible evidence and established a threat from the defendants.
Judgment Evidence:
In the result, the suit is decreed as follows:- I. The defendants No. 2 to 4 and their men are restrained from trespassing into the plaint schedule property and house therein and also restrained from committing waste. II. The defendants No. 2 to 4 and their men are further restrained from interfering with the peaceable possession and enjoyment of the property and house, by the plaintiff and also prohibited from taking out any of the house hold articles from there.
Parties Involved
Plaintiffs
Haneefa (39 years)
Thirunavaya amsom Codakkal desom & Post, Tirur Taluk.
Aayisummu (60 years)
Thirunavaya amsom Pallar desom, P.O.Vairamkode, Tirur Taluk. PIN-676 301
Defendants
Fathima Umarkunnath (60 years)
Paravannur, Kalpakancheri amsom desom & Post, Tirur Taluk.
Palliyalil Ayisu (45 years)
Ponmala amsom desom & Post, Ernadu Taluk. PIN – 676 528.
Abdunazar (48 years)
Mundekkattu House, Cheriyamundam amsom desom and Post, PIN – 676 106, Tirur Taluk.
Thekkepeediyekkal Muhammed kutty (47 years)
Ananthavoor amsom desom and Post, Kamanam Road, Pattarnadakkavu, PIN – 676 301, Tirur Taluk.
Reliefs
Relief Type:
Injunction
Outcome:
Granted
Description:
Defendants No. 2 to 4 are restrained from trespassing and interfering with the plaintiff's possession.
Evidence:
The suit is decreed as follows: The defendants No. 2 to 4 and their men are restrained from trespassing into the plaint schedule property and house therein and also restrained from committing waste.
Relief Type:
Injunction
Outcome:
Granted
Description:
Defendants No. 2 to 4 are prohibited from interfering with the peaceable possession and enjoyment of the property by the plaintiff.
Evidence:
The defendants No. 2 to 4 and their men are further restrained from interfering with the peaceable possession and enjoyment of the property and house, by the plaintiff.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to recover the costs of the suit from the defendants.
Evidence:
Plaintiff is entitled to realise the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Jenmi Assignment Deed
Submitted By:
Plaintiff
Relevance:
This document establishes the plaintiff's ownership of the plaint schedule property.
Reference:
Ext.A1
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
This receipt shows the plaintiff has been paying taxes related to the property.
Reference:
Ext.A2
Document Type:
Land Tax receipts
Submitted By:
Plaintiff
Relevance:
These receipts confirm the plaintiff's ongoing ownership and financial responsibility for the land.
Reference:
Ext.A3 (a) to (e)
Document Type:
Copy of Fair Order
Submitted By:
Plaintiff
Relevance:
This order contains restrictions placed on the defendants regarding the property.
Reference:
Ext.A4
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This report details findings about the occupancy and condition of the plaint schedule house.
Reference:
Ext.C1
Document Type:
Commission Plan
Submitted By:
Court
Relevance:
This plan visually documents the layout and characteristics of the plaint schedule property.
Reference:
Ext.C2