Case Summary
The case involves a dispute between the plaintiffs, M M Salim and M M Jamal, and the defendant, Muhammad Faisal, regarding the rights to tap rubber trees on a property. The plaintiffs claim ownership of the property while the defendant asserts his right to the rubber trees on the grounds of a counterclaim.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permission to tap rubber trees standing in the counterclaim schedule item No. 1 property.
Case Type
Civil Suit
Final Judgment
No
The court allowed the petition permitting the defendant to tap rubber trees on the property in question, considering the potential for irreparable damage if not permitted.
Why Plaintiff Won:
The petitioner established a prima facie case and the balance of convenience favored his claim.
The petitioner established a prima facie case and the balance of convenience favored his claim.
Losing Side's Weaknesses:
The petitioner established a prima facie case and the balance of convenience favored his claim.
The petitioner established a prima facie case and the balance of convenience favored his claim.
Supporting Evidence
It emerges that the plaint A schedule property and the B schedule property are lying contiguously, but are visibly separated from each other by a hollow brick wall of approximately five feet in height.
Judgment Evidence:
In the result, the petition is allowed as follows: The petitioner is permitted to tap the rubber trees standing in the counterclaim schedule item No. 1 property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M M Salim
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- M M Jamal
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Muhammad Faisal
- Relation
- S/o
Plaintiffs Documents
Sale Deed No. 2234/1970, Tax receipt dated 21/01/1984.
Defendants Documents
Deed No. 3577/1994, Copy of the tax receipt dated 28/07/2011.
Advocates
- Party Role
- Defendant
- Advocate Name
- P T Geevarghese
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- A Balagopalan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- P Rajagopalan
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Murukesh Raghav
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
The petitioner is permitted to tap the rubber trees standing in the counterclaim schedule item No. 1 property.
Evidence:
Considering these aspects, and having regard to the fact that any continued obstruction to the tapping of rubber trees may result in irreversible damage, it is felt that the petitioner has made out a case for grant of interim relief.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the Sale Deed No. 3577/1994 of SRO, Puthencruz.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Copy of the tax receipt dated 28/07/2011.
Reference:
Ext.A2
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the Settlement Deed No. 437/2008 of SRO, Puthencruz.
Reference:
Ext.A3
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the Partition Deed No. 5066/2016 of SRO, Puthencruz.
Reference:
Ext.A4
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report dated 29/07/2019.
Reference:
Ext.C1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report dated 03/06/2025.
Reference:
Ext.C2
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Sale Deed No. 2234/1970 of SRO, Puthencruz.
Reference:
Ext.B1
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
Copy of the tax receipt dated 21/01/1984.
Reference:
Ext.B2
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Perumbavoor
Common Reasons
Case Code
Case between M M Salim vs Muhammad Faisal regarding temporary injunction for property rights.
Case Code Year
Case between M M Salim vs Muhammad Faisal regarding temporary injunction for property rights.