Case Summary
The plaintiff, P C Abdul Rasheed, is seeking a permanent prohibitory injunction against the defendant, Mohammed Junaid, to prevent forceful eviction from the plaint schedule property. The plaintiff claims to have been a tenant for twenty-eight years and is apprehensive of being dispossessed.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against dispossession and obstruction of peaceful enjoyment of the plaint schedule property.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, restraining the defendant from dispossessing the plaintiff from the plaint schedule property. The defendant was also directed to pay the costs of the proceedings.
Why Plaintiff Won:
The plaintiff established his long-standing tenancy and the defendant's attempt to unlawfully evict him.
The plaintiff established his long-standing tenancy and the defendant's attempt to unlawfully evict him.
Losing Side's Weaknesses:
The plaintiff established his long-standing tenancy and the defendant's attempt to unlawfully evict him.
The plaintiff established his long-standing tenancy and the defendant's attempt to unlawfully evict him.
Supporting Evidence
The fact that the plaintiff is the tenant in respect of the plaint schedule property and he is doing business therein is amply proved by the evidence presented, including various lease agreements.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. The defendant, their men and agents are restrained by way of permanent prohibitory injunction from dispossessing the plaintiff from the plaint schedule property otherwise than by due process of law.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- P C Abdul Rasheed
- Party Age
- 62
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mohammed Junaid
- Party Age
- 44
- Relation
- S/o
Plaintiffs Documents
Licence Agreements and Rent Receipts
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. M. S. Saji
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Diljith. C
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendant, their men and agents are restrained by way of permanent prohibitory injunction from dispossessing the plaintiff from the plaint schedule property.
Evidence:
The suit is liable to be decreed and I do so.
Relief Type:
Other
Outcome:
Granted
Description:
The defendant is directed to pay the costs of the proceedings to the plaintiffs.
Evidence:
The defendant is directed to pay the costs of the proceedings to the plaintiffs.
Documents & Evidence
Document Type:
Licence agreement
Submitted By:
Plaintiff
Relevance:
Agreement entered into between the plaintiff and the defendant dated 19.10.2006.
Reference:
Ext.A1
Document Type:
Licence agreement
Submitted By:
Plaintiff
Relevance:
Agreement entered into between the plaintiff and the defendant dated 04.03.2013.
Reference:
Ext.A2
Document Type:
Licence agreement
Submitted By:
Plaintiff
Relevance:
Agreement entered into between the plaintiff and the defendant dated 19.03.2016.
Reference:
Ext.A3
Document Type:
Licence agreement
Submitted By:
Plaintiff
Relevance:
Agreement entered into between the plaintiff and the defendant dated 07.10.2016.
Reference:
Ext.A4
Document Type:
Licence agreement
Submitted By:
Plaintiff
Relevance:
Agreement entered into between the plaintiff and the defendant dated 07.10.2017.
Reference:
Ext.A5
Document Type:
Licence agreement
Submitted By:
Plaintiff
Relevance:
Agreement entered into between the plaintiff and the defendant dated 22.11.2018.
Reference:
Ext.A6
Document Type:
Rent Receipt
Submitted By:
Plaintiff
Relevance:
Copy of the rent receipts issued by the defendant to the plaintiff from 25.2.2013 to 10/07/2024.
Reference:
Ext.A7
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report by Shameena. K. C, Advocate Commissioner.
Reference:
Ext.C1
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Case Code
Case between P C Abdul Rasheed vs Mohammed Junaid regarding permanent prohibitory injunction.
Case Code Year
Case between P C Abdul Rasheed vs Mohammed Junaid regarding permanent prohibitory injunction.