Case Summary
Case between Ismail P. and Muhammed P., brothers, about a property dispute involving a house where defendant residing after plaintiff withdrew permission.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Case Type
Injunction
Final Judgment
No
Plaintiff entitled to Injunction. Defendant ordered to vacate the house within 3 months.
Why Plaintiff Won:
Plaintiff proved ownership of property and defendant's lack of right; Defendant remained ex-parte.
Plaintiff proved ownership of property and defendant's lack of right; Defendant remained ex-parte.
Losing Side's Weaknesses:
Plaintiff proved ownership of property and defendant's lack of right; Defendant remained ex-parte.
Plaintiff proved ownership of property and defendant's lack of right; Defendant remained ex-parte.
Supporting Evidence
Plaintiff's ownership proved through documentary evidence; Defendant's lack of right established by plaintiff's testimony.
Judgment Evidence:
Plaintiff entitled to Mandatory and Perpetual Injunctions. Defendant to vacate house within 3 months and refrain from interfering with the property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Ismail P.
- Party Age
- 40
- Relation
- S/o. Parayil Abu
- Party Role
- Plaintiff
- Party Name
- Fathima Shahadiya K.P.
- Party Age
- 31
- Relation
- W/o. Ismail P.
- Party Role
- Defendant
- Party Name
- Muhammed P
- Party Age
- 56
- Relation
- S/o. Parayil Abu
Plaintiffs Documents
23-09-2013 Certified Copy of Partition Deed, No.3307/2013
Defendants Documents
Advocates
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Defendant and his family to vacate house in schedule property
Evidence:
The plaintiff has proved his case by adducing cogent and reliable evidence
Relief Type:
Perpetual Prohibitory Injunction
Outcome:
Granted
Description:
Defendant restrained from committing waste in property
Evidence:
The plaintiff has proved his case by adducing cogent and reliable evidence
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff entitled to realize costs from defendant
Evidence:
In the result, the suit is decreed as follows
Documents & Evidence
Document Type:
Certified Copy of Partition Deed
Submitted By:
Plaintiff
Relevance:
Plaintiff adduced evidence in line with the averments
Reference:
Ext.A1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Court used the report for its decision
Reference:
Ext.C1
Document Type:
Plan
Submitted By:
Court
Relevance:
Unknown
Reference:
Ext.C2
Case Classification
Case Type
Injunction
Category
Property and Possession Disputes
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Injunction
Case Code
Case between Ismail P. vs Muhammed P regarding Injunction
Case Code Year
Case between Ismail P. vs Muhammed P regarding Injunction