Case Summary
The case involves Nabeesath Beevi, the plaintiff, who alleges that the defendant, Akbar Sha, unlawfully trespassed onto her property and demolished a building. The plaintiff seeks a permanent injunction against further encroachment by the defendant.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the defendant, ruling that the plaintiff failed to prove her claims of illegal encroachment by the defendant. The suit was dismissed.
Key Reasoning:
The plaintiff did not establish any evidence of illegal encroachment or threat from the defendant.
The plaintiff did not establish any evidence of illegal encroachment or threat from the defendant.
Why Defendant Won:
The plaintiff did not establish any evidence of illegal encroachment or threat from the defendant.
The plaintiff did not establish any evidence of illegal encroachment or threat from the defendant.
Supporting Evidence
The plaintiff miserably failed to prove that there is an apprehension or threat came from the side of defendant or he has demolished a building situated on the plaint schedule property.
Judgment Evidence:
The result suit is dismissed with costs to the defendants.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Nabeesath Beevi
- Party Age
- 45
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Akbar Sha
- Party Age
- 40
- Relation
- S/o
Plaintiffs Documents
Certified copy of settlement deed No. 1532/1993, Certified copy of prior deed No. 2644/1999, Tax receipt.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Thevally K. S. Rajiv
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Benoy Bal
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Plaintiff sought permanent prohibitory injunction against defendant.
Evidence:
So the plaintiff is not entitled to perpetual injunction, as sought for.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of settlement deed showing plaintiff's title.
Reference:
Ext.A1
Document Type:
Title deed
Submitted By:
Plaintiff
Relevance:
Certified copy of prior deed establishing further ownership.
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt indicating possession of property.
Reference:
Ext.A3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Report generated by the advocate commissioner detailing observations on the property.
Reference:
Ext.C1 series
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 Nabeesath Beevi vs Akbar Sha regarding permanent prohibitory injunction.
Case Code Year
Case between Nabeesath Beevi vs Akbar Sha regarding permanent prohibitory injunction.