Case Summary
Plaintiffs sought a mandatory injunction against the State of Kerala regarding property obtained from Moideen Kutty Haji and subsequent disputes over ownership and boundaries.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Declaratory relief for property ownership, Permanent prohibitory injunction
Case Type
Civil Suit - Mandatory Injunction
Final Judgment
No
Why Plaintiff Won:
The plaintiff proved ownership with cogent and reliable evidence.
The plaintiff proved ownership with cogent and reliable evidence.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. It is hereby declared that plaint 'B' schedule property is a part of plaint 'A' schedule property and 'B' schedule property is exclusively belongs to the plaintiffs. 2. The defendants and their men are restrained from entering into plaint 'A' schedule property by way of a permanent prohibitory injunction.
Parties Involved
Plaintiffs
Kuttipparambil Eanikkutty Haji (78 years)
W/o Kuttipparambil Eanikkutty Haji, Valiyaparappur desom, P.O. Ananthavoor, Tirur Taluk
Thekkarakath Fathimakkutty (69 years)
Ananthavoor amsom
Defendants
State of Kerala, Rep. By District Collector (Age not specified years)
Malappuram
Reliefs
Relief Type:
Declaratory Relief
Outcome:
Granted
Description:
Declared plaint 'B' schedule property is part of plaint 'A' schedule property and exclusively belongs to plaintiffs.
Evidence:
Relief Type:
Permanent Prohibitory Injunction
Outcome:
Granted
Description:
Defendants restrained from entering plaint 'A' schedule property.
Evidence:
Documents & Evidence
Document Type:
Jenm Assignment Deed
Submitted By:
Plaintiff
Relevance:
Ownership proof
Reference:
A1
Document Type:
Jenm Assignment Deed
Submitted By:
Plaintiff
Relevance:
Property acquisition
Reference:
A2