Case Summary
Nesiya M Ismail filed a suit against Naseer K.K and Aashik K.P seeking a permanent prohibitory injunction against their unlawful trespassing into certain property. The plaintiff alleges the defendants failed to honor a rental agreement and is claiming damages.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction and payment of ₹2,05,000/-
Case Type
Civil Suit
Final Judgment
No
The court granted a permanent prohibitory injunction against the defendants and ordered them to pay the outstanding rent to the plaintiff.
Why Plaintiff Won:
The plaintiff provided sufficient evidence of ownership and the defendants' failure to comply with the rental agreement.
The plaintiff provided sufficient evidence of ownership and the defendants' failure to comply with the rental agreement.
Losing Side's Weaknesses:
The plaintiff provided sufficient evidence of ownership and the defendants' failure to comply with the rental agreement.
The plaintiff provided sufficient evidence of ownership and the defendants' failure to comply with the rental agreement.
Supporting Evidence
The evidence of all the witnesses and the documents would satisfactorily prove the plaintiff's case. Hence, the plaintiff is entitled to a decree as sought for.
Judgment Evidence:
In the result, the suit is decreed as follows. Defendants, their men and agents are restrained by way of permanent prohibitory injunction from trespassing into the plaint schedule rooms and committing any waste therein. Defendants are directed to pay 2,05,000/- to the plaintiff failing which permit the plaintiff to recover the said amount from the defendants and their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Nesiya M Ismail
- Party Age
- 40
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Naseer K.K
- Party Age
- 47
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Aashik K.P
- Party Age
- 37
- Relation
- S/o
Plaintiffs Documents
Original Tax receipt, Attested copy of building tax receipts, Copy of the notice issued to the defendants.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- M.K.Aboobacker
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- D.M.Noufal
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Frijo K Sundaram
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Aravind Ajith
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Gigeesh Babu
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Joseph Thomas M
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants, their men and agents are restrained by way of permanent prohibitory injunction from trespassing into the plaint schedule rooms and committing any waste therein.
Evidence:
In the result, the suit is decreed as follows. Defendants, their men and agents are restrained by way of permanent prohibitory injunction from trespassing into the plaint A schedule rooms and committing any waste therein.
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendants are directed to pay Rs. 2,05,000/- to the plaintiff.
Evidence:
Defendants are directed to pay 2,05,000/- to the plaintiff failing which permit the plaintiff to recover the said amount from the defendants and their assets.
Documents & Evidence
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Original Tax receipt bearing Tandapper no. 22776 issued by Vazhakkala village office.
Reference:
Ext.A1
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
Attested copy of building tax receipt bearing no. 01/123330113665 issued by Thrikkakkara Municipality.
Reference:
Ext.A2
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
Attested copy of building tax receipt bearing no. 01/123330113507 issued by Thrikkakkara Municipality.
Reference:
Ext.A3
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Copy of the notice issued to the defendants.
Reference:
Ext.A4
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
A/d card showing the acceptance of the notice received by the 1st defendant.
Reference:
Ext.A5
Document Type:
Returned Cover
Submitted By:
Plaintiff
Relevance:
Returned unclaimed cover along with the A/d card of the 2nd defendant.
Reference:
Ext.A6
Document Type:
Building Tax Payment Entry
Submitted By:
Plaintiff
Relevance:
True copy of the entry of showing payment of building tax, of the plaintiff certified by Municipal Secretary, Thrikkakkara.
Reference:
Ext.A7
Document Type:
Building Tax Payment Entry
Submitted By:
Plaintiff
Relevance:
True copy of the entry of showing payment of building tax, of the plaintiff certified by Municipal Secretary, Thrikkakkara.
Reference:
Ext.A8
Document Type:
Certificate
Submitted By:
Plaintiff
Relevance:
Certificate issued under section 63 of the Bharathiya Adhiniyam 2023.
Reference:
Ext.A9
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission Report filed by Adv. Minimol K.M (Subject to proof).
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Rough Sketch.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Nesiya M Ismail vs Naseer K.K et al regarding permanent prohibitory injunction
Case Code Year
Case between Nesiya M Ismail vs Naseer K.K et al regarding permanent prohibitory injunction