Case Summary
Plaintiff filed suit seeking a permanent injunction to prevent defendants from filling up a water canal crucial for cultivation in plaintiff's paddy fields.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Suit dismissed with costs
Case Type
Civil Suit - Permanent prohibitory injunction
Final Judgment
No
The court dismissed the suit as the plaintiff failed to prove the existence of the water canal and the necessity of the injunction.
Key Reasoning:
Plaintiff failed to establish the existence of water canal crucial for cultivation and the necessity of the injunction.
Plaintiff failed to establish the existence of water canal crucial for cultivation and the necessity of the injunction.
Why Defendant Won:
Plaintiff failed to establish the existence of water canal crucial for cultivation and the necessity of the injunction.
Plaintiff failed to establish the existence of water canal crucial for cultivation and the necessity of the injunction.
Supporting Evidence
Not available
Judgment Evidence:
Suit dismissed as plaintiff failed to prove existence of water canal and necessity of injunction.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kalodi Muhammedkutty
- Party Age
- 57
- Relation
- Son of
- Party Role
- Defendant
- Party Name
- Karattu Assainar
- Party Age
- 60
- Relation
- Son of Alavikkutty
- Party Role
- Defendant
- Party Name
- Rafi @ Bappu
- Party Age
- 35
- Relation
- Son of Karattu Assainar
Plaintiffs Documents
Jenm Assignment deed dated: 28-4-2000, Tax Receipt dated 29-1-2011
Defendants Documents
Jenm Assignment deed dated: 22-4-2010, Tax Receipt dated 8-10-2010
Advocates
Reliefs
Relief Type:
Permanent Prohibitory Injunction
Outcome:
Not Decided
Description:
To prevent defendants from filling up water canal and to maintain status quo
Evidence:
Plaintiff's suit filed for getting a perpetual injunction restraining the defendants from filling up the water canal crucial for cultivation.
Documents & Evidence
Document Type:
Jenm Assignment Deed
Submitted By:
Plaintiff
Relevance:
Establish plaintiff's ownership of the property
Reference:
A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Corroborate plaintiff's ownership and possession of the property
Reference:
A3
Document Type:
Jenm Assignment Deed
Submitted By:
Defendant
Relevance:
Defendant's ownership evidence
Reference:
B1
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
Defendant's documentary evidence
Reference:
B2
Case Classification
Case Type
Civil Suit - Permanent Prohibitory Injunction
Category
Injunction and Access Rights
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Non-payment of rent
Case Code
Case between Kalodi Muhammedkutty vs Karattu Assainar regarding injunction against obstruction of water canal
Case Code Year
Case between Kalodi Muhammedkutty vs Karattu Assainar regarding injunction against obstruction of water canal