Case Summary
The plaintiffs, Hayarunnisa and Saleena, claim ownership and peaceful possession of certain properties and seek a prohibitory injunction against the defendant Ayoob, who they allege has trespassed. The case involves issues of property rights and the defendant's counterclaim challenges the ownership.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against the defendants and direction to reinstall the slabs removed from the property.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiffs, permanently restraining the defendants from trespassing into the properties in question and directing them to reinstall removed slabs.
Why Plaintiff Won:
The plaintiffs proved their exclusive possession and the absence of any valid claims from the defendants.
The plaintiffs proved their exclusive possession and the absence of any valid claims from the defendants.
Losing Side's Weaknesses:
The plaintiffs proved their exclusive possession and the absence of any valid claims from the defendants.
The plaintiffs proved their exclusive possession and the absence of any valid claims from the defendants.
Supporting Evidence
The cause of action alleged in the plaint stands proved through the deposition of PW1, PW2 and also from Ext. A1 to A9 documents.
Judgment Evidence:
In the result, the counterclaim is dismissed and the suit is decreed with costs as follows: 1. The defendant and his men are permanently restrained from trespassing into the plaint A and B schedule property and from causing any obstructions to the plaintiffs in their peaceful possession and enjoyment of the plaint A and B schedule properties and also from committing any waste therein.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Hayarunnisa
- Party Age
- 52
- Relation
- W/o Nizarudeen
- Party Role
- Plaintiff
- Party Name
- Saleena
- Party Age
- 34
- Relation
- W/o Subair
- Party Role
- Plaintiff
- Party Name
- Subair
- Party Age
- 53
- Relation
- S/o Thahakoya
- Party Role
- Plaintiff
- Party Name
- Muhammed Eassa
- Party Age
- 35
- Relation
- S/o Nizarudeen
- Party Role
- Plaintiff
- Party Name
- Al-Ameen
- Relation
- S/o Nizarudeen
- Party Role
- Defendant
- Party Name
- Ayoob
- Party Age
- 35
- Relation
- S/o Basheerkutty
- Party Role
- Defendant
- Party Name
- Al-Ameen
- Party Age
- 33
- Relation
- S/o Nizarudeen
Plaintiffs Documents
Certified copy of Sale Deed No. 3251/2014, Land Tax Receipt, Sale Deed No. 4197/2010, Sale Deed No. 1664/2011, Sale Deed No. 4159/2011, Death Certificate, Power of Attorney.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- V.Sugathan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- R.Geetha
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K.Ramachandran Nair
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Plaintiffs requested a mandatory injunction against the defendant regarding the use of the pathway.
Evidence:
The plaintiffs are entitled to get a decree of permanent prohibitory injunction and mandatory injunction as prayed for.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Plaintiffs sought a permanent prohibitory injunction to prevent the defendant from trespassing.
Evidence:
The defendant and his men are permanently restrained from trespassing into the plaint A and B schedule property.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Proves the ownership of the plaint A and B schedule properties.
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Supports the claims regarding the properties.
Reference:
Ext.A2
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Additional evidence relating to ownership.
Reference:
Ext.A3
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Further establishes the ownership claims by the plaintiffs.
Reference:
Ext.A4
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Supports the claims concerning the property ownership.
Reference:
Ext.A5
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Establishes the death of Nizarudheen, which is relevant to the claims.
Reference:
Ext.A6
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Demonstrates authority related to the property.
Reference:
Ext.A7
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Provides evidence of tax payments related to the properties.
Reference:
Ext.A8
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Further supports financial responsibilities related to the properties.
Reference:
Ext.A9
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Substantiates the current state and boundaries of the properties.
Reference:
Ext.C1
Document Type:
Mahazar
Submitted By:
Court
Relevance:
Details the findings of the advocate commissioner.
Reference:
Ext.C1(a)
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Visual representation of the properties' boundaries.
Reference:
Ext.C1(b)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
Case between Hayarunnisa vs Ayoob regarding Injunction
Case Code Year
Case between Hayarunnisa vs Ayoob regarding Injunction