Original Suit No. 290 OF 2016

Case between Pallithodi Moidutty vs Mini et al regarding trespass and property occupation

Court

Court of the Munsiff of Tirur

Judge

Smt. VINCY.T.V.

Order Date

2017-03-06

Duration

1 year and 1 month

Case Closed

Mon, 03/06/2017 - 12:00

Judgement document from eCourt website

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Case Summary

Plaintiff filed a suit seeking an injunction against defendants to prevent them from trespassing into the plaintiff's property and attempting to occupy the house. Defendants claimed to be related to the plaintiff based on false documents.

Judgment Outcome

Plaintiff Won

Interim Order

The court granted a perpetual injunction restraining the defendants from entering the plaintiff's property and occupying the house.

Judgment Favored

Plaintiff

Relief Granted

Perpetual Injunction

Case Type

Civil Suit - Injunction

Final Judgment

The court granted a perpetual injunction restraining the defendants from entering the plaintiff's property and occupying the house.

Why Plaintiff Won:
The plaintiff provided cogent and reliable evidence to prove ownership and entitlement to the relief sought.

Losing Side's Weaknesses:
The plaintiff provided cogent and reliable evidence to prove ownership and entitlement to the relief sought.

Supporting Evidence

Ext. A1 is the document so executed. He purchased the property from Salim @ Abudhul Latheef Salim, S/o of Thalashery Abudhul Latheef.

Judgment Evidence:

The suit is decreed as follows: 1. The defendants are restrained by a perpetual injunction from entering the plaint schedule property and to occupy the house situated in the plaint schedule property. 2. The plaintiff is entitled to realise the costs of the suit from the defendants.

Parties Involved

Parties

Party Role: Plaintiff
Party Name: Pallithodi Moidutty
Party Age: 60
Relation: S/o. Pallithodi Kunhalan

Party Role: Defendant
Party Name: Mini
Party Age: 40
Relation: W/o. Vaithalaparamban Yahkkoob

Party Role: Defendant
Party Name: Vaithalaparamban
Party Age: 46
Relation: S/o. Chekkumoyin Haji

Plaintiffs Documents

Document No. 1847/2009 of Sub Registrar Office, Kottakkal, Building Tax Receipt

Defendants Documents

Not available

Advocates

Reliefs

Relief Type: Perpetual Injunction

Outcome: Granted

Description:

Restraining defendants from entering the plaint schedule property and occupying the house

Evidence:

The defendants are restrained by a perpetual injunction from entering the plaint schedule property and to occupy the house situated in the plaint schedule property.

Documents & Evidence

Document Type: Document No. 1847/2009 of Sub Registrar Office

Submitted By: Plaintiff

Relevance:

Proof of ownership of plaint schedule property

Reference:

Document Type: Building Tax Receipt