Case Summary
Plaintiff seeks permanent inhibitory injunction to prevent defendants from obstructing peaceful possession of specific properties. Defendants claim portion of land as inherited but unable to prove ownership.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction
Case Type
Civil Suit - Permanent Prohibitory Injunction
Final Judgment
No
The court granted permanent prohibitory injunction restraining the defendants from obstructing the plaintiff's peaceful possession of the property.
Why Plaintiff Won:
The defendant failed to prove ownership of the claimed portion of land, and the plaintiff demonstrated exclusive possession and ownership of the property.
The defendant failed to prove ownership of the claimed portion of land, and the plaintiff demonstrated exclusive possession and ownership of the property.
Losing Side's Weaknesses:
The defendant failed to prove ownership of the claimed portion of land, and the plaintiff demonstrated exclusive possession and ownership of the property.
The defendant failed to prove ownership of the claimed portion of land, and the plaintiff demonstrated exclusive possession and ownership of the property.
Supporting Evidence
DW1 himself admitted that the entire suit properly belongs to the plaintiff and is in the exclusive possession of the plaintiff.
Judgment Evidence:
In the result suit is decreed as follows: 1. The defendants are restrained by way of permanent prohibitory injunction from obstructing the plaintiff in his peaceful possession of plaint A schedule property. 2. The defendant shall pay costs of the suit.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kunnath Avulan kutty Haji
- Party Age
- 62
- Relation
- S/o Kunhimuhammed
- Party Role
- Defendant
- Party Name
- Parappathiyil Muhammedali
- Party Age
- 30
- Relation
- S/o Muhammed
- Party Role
- Defendant
- Party Name
- Kunnath Sulaiman
- Party Age
- 50
- Relation
- S/o Moideenkutty
Plaintiffs Documents
Copy of Partition Deed, Copy of Jenm Assignment Deeds, Copy of Koottavakasa Theeradharam
Defendants Documents
True copy of Kanam Theeradharam, Tax Receipts
Advocates
Reliefs
Relief Type:
Permanent Prohibitory Injunction
Outcome:
Granted
Description:
Preventing defendants from obstructing plaintiff's peaceful possession
Evidence:
In the result suit is decreed as follows: 1. The defendants are restrained by way of permanent prohibitory injunction from obstructing the plaintiff in his peaceful possession of plaint A schedule property.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Showed the plaintiff's ownership and possession
Reference:
A1 - 17-11-1974
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
Submitted in an attempt to prove possession in survey 296/13
Reference:
B2 - 15-5-2014
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
Property ownership dispute
Case Code
Case between Kunnath Avulan kutty Haji vs Parappathiyil Muhammedali et al regarding property possession
Case Code Year
Case between Kunnath Avulan kutty Haji vs Parappathiyil Muhammedali et al regarding property possession