Case Summary
The case involves Shabjan as the plaintiff seeking a temporary injunction against the defendants, Shamnazeer and Rehna, regarding the reconveyance of property. The plaintiff claims that the defendants have refused to return the property after taking a loan settlement.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Injunction
Final Judgment
No
The court dismissed the application for a temporary injunction sought by the plaintiff. The defendants were found to have clear ownership and rights over the property.
Key Reasoning:
The claim of the plaintiff was found without merit as the sale deed was deemed absolute with no conditions for reconveyance.
The claim of the plaintiff was found without merit as the sale deed was deemed absolute with no conditions for reconveyance.
Why Defendant Won:
Not available
Not available
Supporting Evidence
The court finds no evidentiary value in the document claimed by the plaintiff regarding the reconveyance, affirming the defendants' absolute ownership.
Judgment Evidence:
In the result, IA dismissed. No costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Shabjan
- Party Age
- 58
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Shamnazeer
- Party Age
- 54
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Rehna
- Party Age
- 50
- Relation
- W/o
Plaintiffs Documents
Sale Deed No. 3074/2001, Agreement dated 20/06/2011, Advocate Notice dated 09/11/2024, Reply Notice dated 22/11/2024
Defendants Documents
Certificate of Registration, License under FSS Act, License No. A11/3717/15, License No. A4-3030/16, License No. A4-939/18
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Adv.Rajeev K.Raj
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv.S.Jayachandran
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Refused
Description:
Seeking a mandatory injunction directing the defendants to accept the remaining amount and execute a sale deed.
Evidence:
The plaintiff has no prima facie case and the balance of convenience is heavily tilted in favour of the defendants.
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Seeking a permanent prohibitory injunction restraining the defendants from carrying out any construction works.
Evidence:
The plaintiff fails to do so and the balance of convenience is against the plaintiff.
Relief Type:
Temporary Injunction
Outcome:
Refused
Description:
Seeking a temporary injunction order restraining the defendants from making any constructions or alterations.
Evidence:
Points 1 to 3 are found against the plaintiff.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Copy of Sale Deed No. 3074/2001 of Eravipuram S.R.O. is produced to show the transfer of property.
Reference:
Ext.A1
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Copy of the agreement dated 20/06/2011 is produced to prove the alleged understanding regarding reconveyance.
Reference:
Ext.A2
Document Type:
Advocate Notice
Submitted By:
Plaintiff
Relevance:
Advocate notice sent to the defendants demanding reconveyance of the plaint schedule property.
Reference:
Ext.A3
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Reply notice from the defendants denying the claim of the plaintiff.
Reference:
Ext.A4
Document Type:
Certificate of Registration
Submitted By:
Defendant
Relevance:
Certificate of registration showing the defendants' registration details.
Reference:
Ext.B1
Document Type:
Certificate of Registration
Submitted By:
Defendant
Relevance:
Another certificate of registration showing the details of the defendants.
Reference:
Ext.B2
Document Type:
License
Submitted By:
Defendant
Relevance:
License under FSS Act 2006 showing the business operation of the defendants.
Reference:
Ext.B3
Document Type:
License
Submitted By:
Defendant
Relevance:
License issued to the defendants for conducting business.
Reference:
Ext.B4
Document Type:
License
Submitted By:
Defendant
Relevance:
License showing the defendants' business activities.
Reference:
Ext.B5
Document Type:
Certificate of Registration
Submitted By:
Defendant
Relevance:
Certificate of registration from the commercial tax department.
Reference:
Ext.B6
Document Type:
License
Submitted By:
Defendant
Relevance:
D and O License issued to the defendants for conducting business.
Reference:
Ext.B7
Document Type:
Commissioner's Report
Submitted By:
Court
Relevance:
Report of the Commissioner relevant to the case.
Reference:
Ext.C1
Case Classification
Case Type
Injunction
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
OS.
Case Code Year
2024