Case Summary
Plaintiff filed suit against defendants seeking perpetual injunction to prevent encroachment and interference with his property possession and enjoyment.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Perpetual Injunction
Case Type
Civil Suit - Perpetual Injunction
Final Judgment
No
The court granted perpetual injunction restraining defendants from trespassing or interfering with plaintiff's property.
Why Plaintiff Won:
The plaintiff provided cogent and reliable evidence proving ownership and possession of the property, supported by Commissioner's report and testimony.
The plaintiff provided cogent and reliable evidence proving ownership and possession of the property, supported by Commissioner's report and testimony.
Losing Side's Weaknesses:
The plaintiff provided cogent and reliable evidence proving ownership and possession of the property, supported by Commissioner's report and testimony.
The plaintiff provided cogent and reliable evidence proving ownership and possession of the property, supported by Commissioner's report and testimony.
Supporting Evidence
Commissioner's report would show that there are compound walls on the four boundaries of the plaint schedule property. Advocate Commissioner reported that the compound wall on the northern boundary of the plaint schedule property is very old one.
Judgment Evidence:
The plaintiff adduced cogent and reliable evidence to prove his case. Hence the plaintiff is entitled to get a decree as prayed for.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Palakkunnath Saidali
- Party Age
- 57
- Relation
- S/o. Kunhaidru
- Party Role
- Defendant
- Party Name
- Kodakkadu Abdul Majeed
- Party Age
- 50
- Party Role
- Defendant
- Party Name
- Kodakkad Faisal
- Party Age
- 30
- Relation
- S/o. Sakkeena
- Party Role
- Defendant
- Party Name
- Thekkepurath Shareef @ Muthu
- Party Age
- 30
- Relation
- S/o. Ibrahim
- Party Role
- Defendant
- Party Name
- Alungai Parambil Sanup @ Kuttan
- Party Age
- 27
- Relation
- S/o. Balan
Plaintiffs Documents
Jenm Assignment Deed No. 1480/1990
Defendants Documents
Not available
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. E.C. Suresh
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Dinesh Pookkayil
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Perpetual Injunction
Outcome:
Granted
Description:
To restrain defendants from trespassing or interfering with the property
Evidence:
The defendants and their men are restrained by a perpetual injunction from trespassing into the plaint schedule property or demolishing the compound wall on the northern boundary of the plaint schedule property or interfering with the possession and enjoyment of the plaint schedule property by the plaintiff.
Documents & Evidence
Document Type:
Jenm Assignment Deed
Submitted By:
Plaintiff
Relevance:
Proves ownership and possession of plaintiff's property.
Reference:
A1 - 02-07-1990 : Jenm Assignment Deed. No. 1480/1990
Document Type:
Report
Submitted By:
Court
Relevance:
Commissioner's report confirms presence of compound walls on property boundaries.
Reference:
C1 - 19-9-2015 : Commissioner Report
Document Type:
Sketch
Submitted By:
Court
Relevance:
Sketch submitted by Advocate Commissioner after inspection of the property.
Reference:
C2 - 19-9-2015 : Plan
Case Classification
Case Type
Civil Suit - Perpetual Injunction
Category
Injunction and Access Rights
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Property ownership dispute
Case Code
Case between Palakkunnath Saidali vs Kodakkadu Abdul Majeed et al regarding perpetual injunction
Case Code Year
Case between Palakkunnath Saidali vs Kodakkadu Abdul Majeed et al regarding perpetual injunction