Case Summary
The plaintiffs, children of Pulikkalakath Aboobacker, are seeking a permanent prohibitory injunction against the defendant, Naduparambil Muhammed Ali, regarding a shop room they claim possession of. The plaintiffs allege that the defendant incorrectly asserts a right to occupy the shop room, which they have renovated for a new business.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against the defendant and entitlement to costs of the suit.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiffs, granting them a permanent prohibitory injunction against the defendant, preventing him from trespassing and interfering with their possession of the shop room.
Why Plaintiff Won:
The plaintiffs proved their possession of the shop room and that the defendant had vacated it, showing no legitimate claim to re-enter.
The plaintiffs proved their possession of the shop room and that the defendant had vacated it, showing no legitimate claim to re-enter.
Losing Side's Weaknesses:
The plaintiffs proved their possession of the shop room and that the defendant had vacated it, showing no legitimate claim to re-enter.
The plaintiffs proved their possession of the shop room and that the defendant had vacated it, showing no legitimate claim to re-enter.
Supporting Evidence
The plaintiff's case is that the defendant did not use the shop room since May 2013. The license fee kept in arrears by the defendant has been adjusted towards the advance paid by him.
Judgment Evidence:
In the result, the suit is decreed as follows: The defendant and his men are restrained, by way of perpetual prohibitory injunction, from trespassing into the plaint schedule property and also from interfering with the peaceable possession and enjoyment of the property by the plaintiffs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Abdul Shameem
- Party Age
- 32
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Abdul Shaheer
- Party Age
- 27
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Pulikkalakath Muhammed Saleem
- Party Age
- 43
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Naduparambil Muhammed Ali
- Party Age
- 44
- Relation
- S/o
Plaintiffs Documents
Settlement deed No.3143/2007, License Agreement dated 1-8-2011, Tax Receipt dated 10-11-2014, License dated 12-8-2015 from Tirur Municipality Office.
Defendants Documents
Pass Book of MDC Bank dated; 1-7-2013, Receipt dated 6-2-2015, Account statement dated 6-3-2018 (IDBI Bank), Building Tax Receipt dated 4-1-2014, Proceedings of the meeting of the Tirur Municipality Office dated; 20-11-2012.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. E.C. Suresh
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Yoonus Ali Chatheri
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Dinesh Pookayil
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.P.Sreehari
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Plaintiffs sought to restrain the defendant from trespassing into the shop room.
Evidence:
The defendant and his men are restrained, by way of perpetual prohibitory injunction, from trespassing into the plaint schedule property.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiffs entitled to recover costs from the defendant.
Evidence:
Hence, the plaintiff is entitled to realise the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Gifts the property and shop room in favour of the plaintiffs.
Reference:
Ext.A1
Document Type:
License Agreement
Submitted By:
Plaintiff
Relevance:
Documents the agreement allowing the defendant to use the shop room.
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Evidence of tax payment related to the property.
Reference:
Ext.A3
Document Type:
License
Submitted By:
Plaintiff
Relevance:
License obtained by the plaintiffs to conduct business in the shop.
Reference:
Ext.A4
Document Type:
Pass Book
Submitted By:
Defendant
Relevance:
Used to show evidence of rent payment history.
Reference:
Ext.B1
Document Type:
Receipt
Submitted By:
Defendant
Relevance:
Receipt evidencing payment made by the defendant.
Reference:
Ext.B2
Document Type:
Account Statement
Submitted By:
Defendant
Relevance:
Reference for financial transactions related to the case.
Reference:
Ext.B3
Document Type:
Account Statement
Submitted By:
Defendant
Relevance:
Reference for financial transactions related to the case.
Reference:
Ext.B4
Document Type:
Building Tax Receipt
Submitted By:
Defendant
Relevance:
Evidence of tax payment related to the property.
Reference:
Ext.B5
Document Type:
Building Tax Receipt
Submitted By:
Defendant
Relevance:
Evidence of tax payment related to the property.
Reference:
Ext.B6
Document Type:
Proceedings of the meeting
Submitted By:
Defendant
Relevance:
Related to municipality's decisions affecting the property.
Reference:
Ext.B7
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Report documenting the physical status of the shop room.
Reference:
Ext.C1
Document Type:
Commission Plan
Submitted By:
Court
Relevance:
Plan illustrating the layout of the shop room.
Reference:
Ext.C2
Document Type:
Letter
Submitted By:
Unknown
Relevance:
Document indicating permission related to shop occupancy post-construction.
Reference:
Ext.X1
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Unauthorized occupation
Case Code
Case between Pulikkalakath Aboobacker's children vs Naduparambil Muhammed Ali regarding permanent prohibitory injunction
Case Code Year
Case between Pulikkalakath Aboobacker's children vs Naduparambil Muhammed Ali regarding permanent prohibitory injunction