Case Summary
P M Hassankutty filed a suit against M P Mohammed Ashraf seeking a decree of permanent prohibitory injunction to prevent the defendant from interfering with the plaintiff's possession of the plaint schedule property. The defendant allegedly attempted to trespass into the property, leading to the suit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction restraining the defendant from trespassing into the plaint schedule property.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, granting a permanent prohibitory injunction restraining the defendant from interfering with the plaintiff's peaceful possession of the property.
Why Plaintiff Won:
The plaintiff provided sufficient evidence proving ownership and possession, while the defendant's claims were found legally unsustainable due to reliance on an unregistered document.
The plaintiff provided sufficient evidence proving ownership and possession, while the defendant's claims were found legally unsustainable due to reliance on an unregistered document.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The evidence of DW1 and DW2 shows that the defendant was assisting PW1 and was later removed from shop in May 2021. The defendant himself admitted during cross-examination that he obtained a trade licence only in 2023, and that too for his residential premises, not the plaint schedule shop room.
Judgment Evidence:
In the result, the suit is decreed as follows: The defendant, his men, agents, or anyone claiming under him are hereby permanently restrained by a decree of perpetual prohibitory injunction from trespassing into the plaint schedule shop room, or in any manner interfering with the plaintiff's peaceful possession and enjoyment of the plaint schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- P M Hassankutty
- Party Age
- 69
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- M P Mohammed Ashraf
- Party Age
- 45
- Relation
- S/o
Plaintiffs Documents
Partition Deed No. 305/1982, Tax receipts, Trade License, GST Registration Certificate, Electricity Bills.
Defendants Documents
Original Agreement dated 08.02.2010.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Vinu Jacob Mathew
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sadarlana M
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Restraining the defendant from trespassing into the plaint schedule shop room.
Evidence:
The plaintiff is entitled to a decree declaring his ownership and possession and a permanent prohibitory injunction restraining the defendant.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Establishes the plaintiff's ownership and possession of the plaint schedule property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Supports the plaintiff's claim by showing regular payment of taxes for the plaint schedule property.
Reference:
Ext.A2
Document Type:
Mortgage Deed
Submitted By:
Plaintiff
Relevance:
Further establishes the plaintiff's rights over the property.
Reference:
Ext.A3
Document Type:
Trade License
Submitted By:
Plaintiff
Relevance:
Demonstrates the legitimacy of the plaintiff's business operations at the plaint schedule property.
Reference:
Ext.A4
Document Type:
Trade License
Submitted By:
Plaintiff
Relevance:
Shows renewal of trade license, indicating ongoing business operations.
Reference:
Ext.A4(a)
Document Type:
GST Registration Certificate
Submitted By:
Plaintiff
Relevance:
Confirms that the plaintiff's business is registered under GST.
Reference:
Ext.A5
Document Type:
Municipal Tax Receipt
Submitted By:
Plaintiff
Relevance:
Proves the plaintiff's compliance with municipal tax obligations.
Reference:
Ext.A6
Document Type:
Municipal Tax Receipt
Submitted By:
Plaintiff
Relevance:
Additional evidence of the plaintiff's tax payment, reinforcing ownership claims.
Reference:
Ext.A6(a)
Document Type:
Trade License Fee Receipt
Submitted By:
Plaintiff
Relevance:
Further validates the plaintiff's business operations and compliance.
Reference:
Ext.A7
Document Type:
Electricity Bill
Submitted By:
Plaintiff
Relevance:
Shows utility connection in the plaintiff's name, indicating control over the premises.
Reference:
Ext.A8
Document Type:
Electricity Bill Receipt
Submitted By:
Plaintiff
Relevance:
Supports the claim of the plaintiff having utilities associated with the property.
Reference:
Ext.A9
Document Type:
Electricity Bill Receipt
Submitted By:
Plaintiff
Relevance:
Additional evidence linking the plaintiff to the property through utility bills.
Reference:
Ext.A9(a)
Document Type:
BSNL Receipts
Submitted By:
Plaintiff
Relevance:
Indicates telecommunication services linked to the plaint schedule property.
Reference:
Ext.A10
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Establishes financial dealings related to the plaint schedule property.
Reference:
Ext.A11
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Further financial verification with respect to the business operations.
Reference:
Ext.A11(a)
Document Type:
Original agreement
Submitted By:
Defendant
Relevance:
Claim of possession by the defendant based on this agreement, although contested by the plaintiff.
Reference:
Ext.B1
Document Type:
Application
Submitted By:
Defendant
Relevance:
Related to police complaint about the events on 29.09.2021.
Reference:
Ext.B2
Document Type:
Receipt
Submitted By:
Defendant
Relevance:
Related to the retrieval of the mobile phone by the defendant.
Reference:
Ext.B3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Supports plaintiff's claim regarding possession and inventory of items in the shop.
Reference:
Ext.C1
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Trespass
Case Code
Case between P M Hassankutty vs M P Mohammed Ashraf regarding permanent prohibitory injunction
Case Code Year
Case between P M Hassankutty vs M P Mohammed Ashraf regarding permanent prohibitory injunction