Case Summary
Plaintiff sought a perpetual injunction to prevent defendants from encroaching on plaintiff's property and obstructing the path on the eastern side.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Perpetual Injunction
Case Type
Civil Suit - Perpetual Injunction
Final Judgment
No
Plaintiff was granted a decree for perpetual injunction against the defendants.
Why Plaintiff Won:
The plaintiff proved ownership of the property and exclusive right over it through oral evidence and documents.
The plaintiff proved ownership of the property and exclusive right over it through oral evidence and documents.
Losing Side's Weaknesses:
The plaintiff proved ownership of the property and exclusive right over it through oral evidence and documents.
The plaintiff proved ownership of the property and exclusive right over it through oral evidence and documents.
Supporting Evidence
It is evident from the Ext. A1 to A3 document that plaintiff is the owner of plaint schedule property...
Judgment Evidence:
The plaintiff has proved his case by oral evidence and document produced in this case. So the plaintiff is entitled for a decree as prayed for.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Mammed Kutty @ Ahammed Kutty
- Party Age
- 67
- Relation
- S/o. Parappil Muhammed
- Party Role
- Defendant
- Party Name
- Saithalavi
- Party Age
- 65
- Relation
- S/o. Muhammed Haji
- Party Role
- Defendant
- Party Name
- Yoonass
- Party Age
- 35
- Relation
- S/o. Saidalavi
Plaintiffs Documents
Jenm Assignment deed No. 1097/1977, Jenm Assignment deed No. 424/1980, Tax Receipt etc.
Defendants Documents
Not available
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. C. Shanmughan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Perpetual Injunction
Outcome:
Granted
Description:
Injunction granted to prevent defendants from encroaching on plaintiff's property and obstructing the path.
Evidence:
The plaintiff has proved his case by oral evidence and document produced in this case. So the plaintiff is entitled for a decree as prayed for.
Documents & Evidence
Document Type:
Jenm Assignment Deed
Submitted By:
Plaintiff
Relevance:
Proved ownership of the plaint schedule property.
Reference:
No. 1097/1977
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Documented proof related to the plaint schedule property.
Reference:
14-01-2016
Document Type:
Commissioner Report
Submitted By:
Court
Relevance:
Report confirming the details of the plaint schedule property.
Reference:
15-06-2016
Case Classification
Case Type
Civil Suit - Perpetual Injunction
Category
Injunction and Access Rights
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Mammed Kutty vs Saithalavi et al regarding perpetual injunction
Case Code Year
Case between Mammed Kutty vs Saithalavi et al regarding perpetual injunction