Case Summary
Mumthas Beegum, the plaintiff, seeks a permanent prohibitory injunction against the defendants, including Sulochana Amma, to prevent them from trespassing on her property. The defendants counterclaim for fixation of boundary and mandatory injunction.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendants and their men are restrained from committing trespass upon plaint A schedule property.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit by restraining the defendants from trespassing on the plaintiff's property and dismissed the counterclaim.
Why Plaintiff Won:
The plaintiff established genuine apprehension of infringement of her legal rights regarding her property.
The plaintiff established genuine apprehension of infringement of her legal rights regarding her property.
Losing Side's Weaknesses:
The plaintiff established genuine apprehension of infringement of her legal rights regarding her property.
The plaintiff established genuine apprehension of infringement of her legal rights regarding her property.
Supporting Evidence
The appellant clearly establishes a potential threat against her and that the defendants are under a legal obligation to not disturb the plaintiff.
Judgment Evidence:
In the result, (I) The suit is decreed as follows: The defendants and their men are restrained from committing trespass upon plaint A schedule property from putting up any new boundary arbitrarily inside the plaint A schedule property and from constructing compound wall in plaint B schedule property and from committing any sort of mischief or acts of waste therein. (2) Counter claim dismissed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Mumthas Beegum
- Party Age
- 57
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Sulochana Amma
- Party Age
- 59
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Arjunan
- Party Age
- 52
- Party Role
- Defendant
- Party Name
- Ramachandran Pillai
- Party Age
- 70
- Party Role
- Defendant
- Party Name
- Remya
- Party Age
- 26
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Soumya
- Party Age
- 23
- Relation
- D/o
Plaintiffs Documents
Certified copy of settlement deed No.1821/1985, Tax Receipt, Certified copy of decree in OS 555/97, Certified copy of C3 plan in OS 555/97.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.G.Bindu
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- SHIBU B J
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendants are restrained from committing trespass upon plaint A schedule property.
Evidence:
The suit is decreed as follows: The defendants and their men are restrained from committing trespass upon plaint A schedule property from putting up any new boundary arbitrarily inside the plaint A schedule property and from constructing compound wall in plaint B schedule property and from committing any sort of mischief or acts of waste therein.
Relief Type:
Mandatory Injunction
Outcome:
Refused
Description:
Request for fixation of boundary and mandatory injunction.
Evidence:
Counter claim dismissed.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
The plaintiff is the absolute owner of the plaint A schedule property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Shows that the plaintiff remitted tax for the plaint schedule property in her name.
Reference:
Ext.A2
Document Type:
Decree
Submitted By:
Plaintiff
Relevance:
Certified copy of decree in OS 555/97 that fixed the boundary between properties.
Reference:
Ext.A3
Document Type:
Plan
Submitted By:
Plaintiff
Relevance:
Certified copy of Ext.C3 plan in OS 555/97.
Reference:
Ext.A4
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report prepared by Adv.Commissioner, Saina.S.
Reference:
Ext.C1
Document Type:
Mahazar
Submitted By:
Court
Relevance:
Mahazar prepared by Adv.Commissioner, Saina.S.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
Case between Mumthas Beegum vs Sulochana Amma et al regarding permanent prohibitory injunction
Case Code Year
Case between Mumthas Beegum vs Sulochana Amma et al regarding permanent prohibitory injunction