Case Summary
Shahul Hameed is the plaintiff, filing for a decree of declaration and permanent prohibitory injunction against Nazar and NASCO Trading India Private Limited. The case revolves around a lease agreement and the plaintiff's ownership of specific properties.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction restraining the defendants from trespassing into the plaint schedule property
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, declaring the lease agreement as null and void, and granting a permanent prohibitory injunction against the defendants.
Why Plaintiff Won:
The plaintiff established his case through unchallenged oral and documentary evidence.
The plaintiff established his case through unchallenged oral and documentary evidence.
Losing Side's Weaknesses:
The plaintiff established his case through unchallenged oral and documentary evidence.
The plaintiff established his case through unchallenged oral and documentary evidence.
Supporting Evidence
Through the unchallenged oral and documentary evidence adduced by the plaintiff, the plaintiff has established his case.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. It is hereby declared that lease agreement No. 573/2015 dated 06.04.2015 of Navaikulam S.R.O is null and void. 2. A permanent prohibitory injunction is granted in favour of the plaintiff and the defendants are restrained from trespassing into the plaint schedule property and committing any act of waste therein.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Shahul Hameed
- Party Age
- 67
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Nazar
- Party Age
- 49
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- NASCO Trading India Private Limited
- Relation
- represented by 1st Defendant Nasar
Plaintiffs Documents
Copy of Lease deed No. 573/ 2015 of Navaikulam S.R.O., dated 06/04/2015, Rent deed dated 05/01/2019, Sale deed No. 2783/2006 of Navaikulam S.R.O.
Defendants Documents
NIL
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. G.R. Bilahari
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Sarath. S.
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Declaration that the lease agreement No. 573/2015 dated 06.04.2015 of Navaikulam S.R.O is null and void.
Evidence:
It is hereby declared that lease agreement No. 573/2015 dated 06.04.2015 of Navaikulam S.R.O is null and void.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent prohibitory injunction restraining the defendants from trespassing into the plaint schedule property and committing any act of waste therein.
Evidence:
A permanent prohibitory injunction is granted in favour of the plaintiff and the defendants are restrained from trespassing into the plaint schedule property and committing any act of waste therein.
Documents & Evidence
Document Type:
Lease Deed
Submitted By:
Plaintiff
Relevance:
This document was referred to establish that the lease agreement No. 573/2015 is claimed to be null and void.
Reference:
Ext.A1
Document Type:
Rent Deed
Submitted By:
Plaintiff
Relevance:
This document was used to support the plaintiff's claim regarding the surrender of possession of the plaint schedule property.
Reference:
Ext.A2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This document was part of the evidence reviewed by the court in making its decision.
Reference:
Ext.C1
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiffs Court, Varkala
Common Reasons
Case Code
Case between Shahul Hameed vs Nazar et al regarding declaration and permanent prohibitory injunction
Case Code Year
Case between Shahul Hameed vs Nazar et al regarding declaration and permanent prohibitory injunction