Case Summary
The case involves a suit filed by Nazeeb against Nizamudheen over illegal construction. The plaintiff claims that the defendant began unauthorized construction that violated the Kerala Panchayath Raj Act.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant is permanently restrained from continuing the unauthorized and illegal construction. Defendant must demolish the basement within 30 days.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, granting a permanent prohibitory injunction against the defendant's unauthorized construction and directing the demolition of the basement built without permission.
Why Plaintiff Won:
The plaintiff established ownership and legal possession of the property, and the defendant failed to substantiate his claim of legality.
The plaintiff established ownership and legal possession of the property, and the defendant failed to substantiate his claim of legality.
Losing Side's Weaknesses:
The plaintiff established ownership and legal possession of the property, and the defendant failed to substantiate his claim of legality.
The plaintiff established ownership and legal possession of the property, and the defendant failed to substantiate his claim of legality.
Supporting Evidence
The plaint averments, in brief, are as follows: The plaintiff is the absolute owner in possession of 2 ares and 12 square meters of property... The apprehension of the plaintiff stands proved through the evidences, oral and documentary evidence adduced from the side of plaintiff.
Judgment Evidence:
In the result, the suit is decreed and counterclaim dismissed with costs as follows: 1. The defendant and his men are permanently restrained from continuing the unauthorized and illegal construction over the plaint B schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Nazeeb
- Party Age
- 32
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Nizamudheen
- Party Age
- 52
- Relation
- S/o
Plaintiffs Documents
Settlement Deed No.1163/2017, Land Tax Receipt dated 04/08/2020, Building Tax Receipt, Complaint filed in Kottankara Grama Panchayath
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Renjith Thomas
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Dileep.S
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- G.Krishna Pirya
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Plaintiff sought to restrain the defendant from continuing unauthorized construction.
Evidence:
The defendant and his men are permanently restrained from continuing the unauthorized and illegal construction over the plaint B schedule property.
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Plaintiff requested the demolition of the basement constructed illegally.
Evidence:
It is directed to the defendant to demolish the basement constructed unauthorizedly and illegally in violation of the provisions of the Kerala Panchayath Raj Act in the plaint B schedule property within 30 days from today.
Relief Type:
Cost Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover costs of the suit from the defendant.
Evidence:
The plaintiff is also entitled to realise the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Proves ownership of the plaint property.
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Establishes the financial responsibility of the plaintiff for the property.
Reference:
Ext.A2
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
Indicates compliance with local building tax obligations.
Reference:
Ext.A3
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
Document showing formal complaints made to the Panchayath regarding illegal construction.
Reference:
Ext.A4
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Confirms the previous sale of property relevant to the case.
Reference:
Ext.A5
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Details findings from the site inspection in relation to the plaintiff's claims.
Reference:
Ext.C1
Document Type:
Mahazar
Submitted By:
Court
Relevance:
Accompanies the commission report documenting the state of the property.
Reference:
Ext.C1(a)
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Further findings from another inspection relevant to the case.
Reference:
Ext.C2
Document Type:
Mahazar
Submitted By:
Court
Relevance:
Documents associated findings from the second commission report.
Reference:
Ext.C2(a)
Case Classification
Case Type
Civil Suit
Category
Injunction and Access Rights
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Unauthorized construction
Case Code
Case between Nazeeb vs Nizamudheen regarding injunction
Case Code Year
Case between Nazeeb vs Nizamudheen regarding injunction