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
The court declared that plaintiffs exclusively owned the disputed property and granted a permanent prohibitory injunction against the defendants from entering the property.
Why Plaintiff Won:
The plaintiff proved ownership with cogent and reliable evidence.
The plaintiff proved ownership with cogent and reliable evidence.
Losing Side's Weaknesses:
The plaintiff proved ownership with cogent and reliable evidence.
The plaintiff proved ownership with cogent and reliable evidence.
Supporting Evidence
According to PW1 the plaint A schedule property along with other properties obtained by Moideen kutty Haji by virtue of document No. 1065/1973...
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
Parties
- Party Role
- Plaintiff
- Party Name
- Kuttipparambil Eanikkutty Haji
- Party Age
- 78
- Relation
- S/o Moideen kutty
- Party Role
- Plaintiff
- Party Name
- Thekkarakath Fathimakkutty
- Party Age
- 69
- Relation
- W/o Kuttipparambil Eanikkutty Haji
- Party Role
- Defendant
- Party Name
- State of Kerala, Rep. By District Collector
Plaintiffs Documents
Jenm Assignment Deed dated 6-7-1983, Jenm Assignment Deed dated; 24-9-2010
Defendants Documents
Nil
Advocates
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
Case Classification
Case Type
Civil Suit - Mandatory Injunction
Category
Property and Possession Disputes
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Kuttipparambil Eanikkutty Haji et al vs State of Kerala regarding property rights
Case Code Year
Case between Kuttipparambil Eanikkutty Haji et al vs State of Kerala regarding property rights