Case Summary
This case involves Kanhikkoth Ayisha and Valavath Yoosaf Haji as plaintiffs and Jansar.V. and Nadiya.C.K. as defendants. The plaintiffs have filed for an injunction due to harassment and threats from the defendants regarding their property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against the defendants from trespassing into the plaint schedule property and interfering with the possession and enjoyment by the plaintiffs.
Case Type
Injunction
Final Judgment
No
The court decreed the suit in favor of the plaintiffs, granting them a permanent prohibitory injunction against the defendants from trespassing into the plaint schedule property.
Why Plaintiff Won:
The plaintiffs proved their exclusive ownership over the plaint schedule property and that the defendants were interfering with their possession.
The plaintiffs proved their exclusive ownership over the plaint schedule property and that the defendants were interfering with their possession.
Losing Side's Weaknesses:
The plaintiffs proved their exclusive ownership over the plaint schedule property and that the defendants were interfering with their possession.
The plaintiffs proved their exclusive ownership over the plaint schedule property and that the defendants were interfering with their possession.
Supporting Evidence
The evidence on record would show that the defendants are interfering with possession and enjoyment of the plaint schedule property by the plaintiffs. Therefore, I hold a view that the plaintiffs have the cause of action for filing the suit.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: I. The defendants and their men are restrained, by way of permanent prohibitory injunction, from trespassing into the plaint schedule property and committing waste therein. II. The defendants and their men are further restrained, by way of permanent prohibitory injunction, from interfering with the peaceable possession and enjoyment of the plaint schedule property by the plaintiffs. III. Plaintiffs are entitled to realise the costs of the suit from the defendants.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kanhikkoth Ayisha
- Party Age
- 47
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Valavath Yoosaf Haji
- Party Age
- 60
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Jansar.V.
- Party Age
- 32
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Nadiya.C.K.
- Party Age
- 26
- Relation
- W/o
Plaintiffs Documents
Jenam Assignment deed No. 440/2013, Jenam Assignment deed No. 1307/2015, various tax receipts, medical records of plaintiff No. 2.
Defendants Documents
Certified copy of petition in OP No. 237/16, Certified copy of petition in IA 668/16 in OP No. 237/16.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Nazir Ahammed
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.K.R.Shyne
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants are restrained from trespassing into the plaint schedule property.
Evidence:
the defendants and their men are restrained, by way of permanent prohibitory injunction, from trespassing into the plaint schedule property and committing waste therein.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants are restrained from interfering with the plaintiffs' possession of the plaint schedule property.
Evidence:
the defendants and their men are further restrained, by way of permanent prohibitory injunction, from interfering with the peaceable possession and enjoyment of the plaint schedule property by the plaintiffs.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiffs are entitled to realize costs from the defendants.
Evidence:
the plaintiffs are entitled to realise the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Jenm Assignment Deed
Submitted By:
Plaintiff
Relevance:
Document evidencing the purchase of the plaint schedule property.
Reference:
Ext.A1
Document Type:
Jenm Assignment Deed
Submitted By:
Plaintiff
Relevance:
Proof of transfer of a portion of the property to the plaintiff's daughter.
Reference:
Ext.A2
Document Type:
Certificate
Submitted By:
Plaintiff
Relevance:
Certificate issued from Thalakkad Grama Panchayath.
Reference:
Ext.A3(a)
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt related to the property.
Reference:
Ext.A3(b)
Document Type:
Cash Receipt
Submitted By:
Plaintiff
Relevance:
Cash receipt related to the property.
Reference:
Ext.A4
Document Type:
Copy of Petition
Submitted By:
Plaintiff
Relevance:
Complaint submitted to the Tirur Police regarding harassment.
Reference:
Ext.A5
Document Type:
Medical Records
Submitted By:
Plaintiff
Relevance:
Medical records of the plaintiff suffering from liver disease.
Reference:
Ext.A6
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Report submitted by the Advocate Commissioner.
Reference:
Ext.C1
Document Type:
Commission Plan
Submitted By:
Court
Relevance:
Plan submitted by the Advocate Commissioner.
Reference:
Ext.C2
Document Type:
Certified copy of Petition
Submitted By:
Defendant
Relevance:
Petition filed by the defendant in the Family Court.
Reference:
Ext.B1
Document Type:
Certified copy of Petition
Submitted By:
Defendant
Relevance:
Petition related to the attachment of the plaint schedule property.
Reference:
Ext.B2
Case Classification
Case Type
Injunction
Category
Other Civil Cases
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Kanhikkoth Ayisha vs Jansar.V. regarding Injunction
Case Code Year
Case between Kanhikkoth Ayisha vs Jansar.V. regarding Injunction