Case Summary
The plaintiffs, Shysi.I and Abdrurahiman.T.P, are seeking a permanent prohibitory injunction against the defendants, Kunhahammed and Ibrahim Haji, who are trying to evict them from a property that they have been leasing. The plaintiffs claim they have fulfilled their obligations as tenants but have faced threats of eviction from the defendants.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against dispossessing the plaintiffs from the plaint schedule property and costs of the proceedings to the plaintiffs.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiffs, restraining the defendants from dispossessing them from the property without due process of law.
Why Plaintiff Won:
The plaintiffs proved their tenant status and apprehension of illegal eviction.
The plaintiffs proved their tenant status and apprehension of illegal eviction.
Losing Side's Weaknesses:
The plaintiffs proved their tenant status and apprehension of illegal eviction.
The plaintiffs proved their tenant status and apprehension of illegal eviction.
Supporting Evidence
The landlord tenant relationship between the plaintiffs and the defendants is proved by the exhibit A1 document. Hence, from the exhibit A1 and A2 series documents, it is crystal clear that the plaintiffs are the tenants in possession of the plaint schedule property.
Judgment Evidence:
In the result, the suit is decreed as follows: 1.The defendants, their men and agents are restrained by way of permanent prohibitory injunction from dispossessing the plaintiff from the plaint schedule property otherwise than by due process of law and also from committing waste therein.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Shysi.I
- Party Age
- 48
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Abdrurahiman.T.P
- Party Age
- 61
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Kunhahammed
- Party Role
- Defendant
- Party Name
- Ibrahim Haji
Plaintiffs Documents
Agreement executed between plaintiff and defendants, Electricity Bill payment receipt.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt.M.K.Sareena
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. Jaideep Singh
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants restrained from dispossessing the plaintiffs from the plaint schedule property otherwise than by due process of law.
Evidence:
The suit is liable to be decreed and I do so.
Relief Type:
Cost
Outcome:
Granted
Description:
Defendants directed to pay the costs of the proceedings to the plaintiffs.
Evidence:
The defendants are directed to pay the costs of the proceedings to the plaintiffs.
Documents & Evidence
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Proves the landlord-tenant relationship between the plaintiffs and the defendants.
Reference:
Ext.A1
Document Type:
Electricity Bill
Submitted By:
Plaintiff
Relevance:
Supports the claim of the plaintiffs regarding the expenses related to the plaint schedule property.
Reference:
Ext.A2 series
Case Classification
Case Type
Civil Suit
Category
Eviction and Rent Control
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Unauthorized occupation
Case Code
Case between Shysi.I vs Kunhahammed regarding permanent prohibitory injunction
Case Code Year
Case between Shysi.I vs Kunhahammed regarding permanent prohibitory injunction