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
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.
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
Plaintiffs
Abdul Shameem (32 years years)
Tirur Amsom, Desom and Taluk., P.O.Pookkayil Bazar.
Abdul Shaheer (27 years years)
Tirur Amsom, Desom and Taluk., P.O.Pookkayil Bazar.
Pulikkalakath Muhammed Saleem (43 years years)
Tirur Amsom, Desom and Taluk. P.O.Pookkayil Bazar. PIN 676 107.
Defendants
Naduparambil Muhammed Ali (44 years years)
Tirur Amsom, Pookkayil Desom, Tirur Taluk. P.O.Pookkayil Bazar. PIN 676 107.
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