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
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.
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
Plaintiffs
Kanhikkoth Ayisha (47 years)
Thalakkad amsom & Village, Parasseri desom, B.P.Angadi.P.O.Tirur Taluk, PIN – 676 102
Valavath Yoosaf Haji (60 years)
Thalakkad amsom & Village, Parasseri desom, B.P.Angadi.P.O.Tirur Taluk, PIN – 676 102
Defendants
Jansar.V. (32 years)
Pukayurkunnath House, A.R.Nagar Village, P.O.Olakara, Tirurangadi Taluk, PIN 676 306
Nadiya.C.K. (26 years)
Pukayurkunnath House, A.R.Nagar Village, P.O.Olakara, Tirurangadi Taluk, PIN 676 306
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