Case Summary
Shehina, the plaintiff, is seeking a permanent prohibitory injunction against Shaji and another, asserting her ownership of the property and alleging that the defendants attempted to forcibly evict her and her minor children. The plaintiff claims she was unaware of any mortgage obligations on the property relating to previous owners.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against the defendants and an order for costs of the suit.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, granting her a permanent prohibitory injunction against the defendants, preventing them from trespassing on the property or evicting her and her children.
Why Plaintiff Won:
The plaintiff established her ownership of the property and demonstrated a genuine threat of infringement of her legal rights by the defendants.
The plaintiff established her ownership of the property and demonstrated a genuine threat of infringement of her legal rights by the defendants.
Losing Side's Weaknesses:
The plaintiff established her ownership of the property and demonstrated a genuine threat of infringement of her legal rights by the defendants.
The plaintiff established her ownership of the property and demonstrated a genuine threat of infringement of her legal rights by the defendants.
Supporting Evidence
The plaintiff proved she is a bona fide purchaser for value without notice, and the court found the defendants' claims lacking merit.
Judgment Evidence:
In the result, the suit is decreed as follows: (i) The defendants and their men are hereby restrained from trespass into the plaint schedule property and from forcefully evicting the plaintiff and her minor children from the plaint schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Shehina
- Party Age
- 30
- Relation
- W/o.Sabeer
- Party Role
- Defendant
- Party Name
- Shaji
- Party Age
- 45
- Party Role
- Defendant
- Party Name
- Special Sale Officer
Plaintiffs Documents
Sale Deed No. 433/1/2019, Tax receipt, Possession Certificate No.124/22, Location Certificate No.124/22, Thandaper Certificate No.124/22, Power of Attorney executed by the Plaintiff, Encumbrance Certificate for the period of 1-1-2015 to 16.10.2025, Certified copy of extract of Complaint Register Book (Sl.No. 62/25 dated 02.06.2025)
Defendants Documents
General Power of Attorney executed by prior Owner, Gehan No.2077/2014, Gehan No.2078/2014, Copy of Award in ARC No.223/17, Copy of Execution Application in ARC No.223/17, Copy of Award in ARC No.224/17, Copy of Execution Application in ARC No.224/17
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Nowfal N
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Bahuleyan. R.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendants are restrained from trespassing into the plaintiff's property.
Evidence:
The defendants and their men are hereby restrained from trespass into the plaint schedule property and from forcefully evicting the plaintiff and her minor children from the plaint schedule property.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to realise costs of the suit from the defendants.
Evidence:
Considering the nature and circumstances of the case, the plaintiff is entitled to realise costs of the suit from the defendants.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
The plaintiff obtained ownership of the property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Evidence of tax payment for the property.
Reference:
Ext.A2
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
Indicates the plaintiff's possession of the property.
Reference:
Ext.A3
Document Type:
Location Certificate
Submitted By:
Plaintiff
Relevance:
Confirms the location of the property.
Reference:
Ext.A4
Document Type:
Thandaper Certificate
Submitted By:
Plaintiff
Relevance:
Shows that the plaintiff has the property mutated in her name.
Reference:
Ext.A5
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Documentation related to the property ownership.
Reference:
Ext.A6
Document Type:
Encumbrance certificate
Submitted By:
Plaintiff
Relevance:
Provides information on existing liabilities regarding the property.
Reference:
Ext.A7
Document Type:
Complaint Register Extract
Submitted By:
Plaintiff
Relevance:
A certified copy of the complaint concerning the case.
Reference:
Ext.A8
Document Type:
General Power of Attorney
Submitted By:
Defendant
Relevance:
Document related to prior ownership of the property.
Reference:
Ext.B1
Document Type:
Gehan deed
Submitted By:
Defendant
Relevance:
Loan document relating to the property.
Reference:
Ext.B2
Document Type:
Gehan deed
Submitted By:
Defendant
Relevance:
Another loan document associated with the property.
Reference:
Ext.B3
Document Type:
Award in ARC
Submitted By:
Defendant
Relevance:
Related to arbitration proceedings concerning the property.
Reference:
Ext.B4
Document Type:
Execution Application in ARC
Submitted By:
Defendant
Relevance:
Related to enforcement of the arbitration award.
Reference:
Ext.B5
Document Type:
Award in ARC
Submitted By:
Defendant
Relevance:
Another award relevant to the arbitration proceedings.
Reference:
Ext.B6
Document Type:
Execution Application in ARC
Submitted By:
Defendant
Relevance:
Application for executing the arbitration award.
Reference:
Ext.B7
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Non-payment of rent
Case Code
Case between Shehina vs Shaji et al regarding permanent prohibitory injunction
Case Code Year
Case between Shehina vs Shaji et al regarding permanent prohibitory injunction