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
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.
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
Plaintiffs
Nesiya M Ismail (40 years years)
Panayapilly house, Pallilam Kara, HMT P.O, Kalamassery – 683 503
Defendants
Naseer K.K (47 years years)
Kunneparambil house, Thrikkakkara P.O – 682 021
Aashik K.P (37 years years)
Kunneparambil house, Thrikkakkara P.O – 682 021
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)