Case Summary
P.K. Hussain is the plaintiff seeking a permanent prohibitory injunction against Razeena and Laila Haneefa regarding property they allegedly have no right over. The plaintiff, currently residing in Australia, asserts that the defendants are threatening to commit waste on the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
A decree of permanent prohibitory injunction restraining the defendants from trespassing on the plaint schedule property and house therein without permission of the plaintiff.
Case Type
Civil Suit
Final Judgment
No
The court decreed a permanent prohibitory injunction restraining the defendants from trespassing on the plaint schedule property and from committing waste. The plaintiff's claim was upheld, confirming his ownership of the property.
Why Plaintiff Won:
The plaintiff established his ownership of the property and the defendants' lack of rights over it.
The plaintiff established his ownership of the property and the defendants' lack of rights over it.
Losing Side's Weaknesses:
The plaintiff established his ownership of the property and the defendants' lack of rights over it.
The plaintiff established his ownership of the property and the defendants' lack of rights over it.
Supporting Evidence
The evidence established that the plaint schedule property belongs to the plaintiff, and the defendants were found to have no rights to reside in the property.
Judgment Evidence:
In the result, the suit is decreed as follows; 1 A decree of permanent prohibitory injunction is granted restraining the defendants 1 and 2 from trespassing on the plaint schedule property and house therein without permission of the plaintiff and committing waste therein.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- P.K. Hussain
- Party Age
- 29
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Razeena
- Party Age
- 32
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Laila Haneefa
- Party Age
- 55
- Relation
- W/o
Plaintiffs Documents
Power Attorney, Certified copy of settlement deed No. 339/2018, Tax Receipt, Building Tax Receipt
Defendants Documents
Order in CMP No. 5851/22 in M.C. No. 56/22 of the JFCM -I court, Kanjirappally
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Muhammed Haris K.S
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sabitha G.
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- K. Ajith
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent prohibitory injunction restraining the defendants from trespassing on the plaint schedule property.
Evidence:
The suit is decreed as follows; A decree of permanent prohibitory injunction is granted restraining the defendants 1 and 2 from trespassing on the plaint schedule property and house therein without permission of the plaintiff and committing waste therein.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
The power of attorney holder of the plaintiff produced this document to establish ownership of the property.
Reference:
Ext.A1
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the settlement deed to prove the plaintiff's claim over the property.
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt corresponding to the settlement deed to establish legal ownership.
Reference:
Ext.A3
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
Building tax receipt for the property situated in the plaint schedule.
Reference:
Ext.A4
Document Type:
Court Order
Submitted By:
Defendant
Relevance:
Order granting the 1st defendant a temporary residence order which she utilized in her defense.
Reference:
Ext.B1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report prepared as part of the court's inquiry into the property.
Reference:
Ext.C1
Document Type:
Sketch
Submitted By:
Court
Relevance:
Sketch prepared by the commissioner appointed by the court to identify the disputed property.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Common Reasons
Case Code
O.S
Case Code Year
2023