Case Summary
The plaintiffs, Thajudeen Kunju and Azeena, are seeking a permanent prohibitory injunction against the defendants, Naseela, Minhaj, and Rasheed. The plaintiffs allege that the defendants have caused damage to the leased property and have failed to pay rent.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants are restrained from causing any damage to the plaint schedule shop room or making any alteration therein.
Case Type
Civil Suit
Final Judgment
No
The court partially decreed the suit, restraining the defendants from causing any damage to the plaint schedule shop room and allowing the plaintiffs to recover the costs of the suit.
Why Plaintiff Won:
The plaintiffs succeeded in proving their case with sufficient evidence.
The plaintiffs succeeded in proving their case with sufficient evidence.
Losing Side's Weaknesses:
The plaintiffs succeeded in proving their case with sufficient evidence.
The plaintiffs succeeded in proving their case with sufficient evidence.
Supporting Evidence
By producing Exts. A1, A3 to A5 and C1 series and by deposing in tune with the plaint averments in the affidavit, the plaintiffs have succeeded in proving their case. Moreover, there is no evidence to rebut the evidence adduced on the side of the plaintiffs.
Judgment Evidence:
In the result, this suit is decreed in part as follows: (i) The defendants are restrained from causing any damage to the plaint schedule shop room or made any alteration therein.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Thajudeen Kunju
- Party Age
- 72
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Azeena
- Party Age
- 63
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Naseela
- Party Age
- 39
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Minhaj
- Party Age
- 49
- Party Role
- Defendant
- Party Name
- Rasheed
- Party Age
- 48
Plaintiffs Documents
Land tax receipt dated 05/06/2024, Copy of building certificate dated 06/06/2024, License deed dated 13/02/2023, Receipt of petition No.906/2024 dated 15/05/2024, Copy of complaint dated 15/05/2024.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- A.Abubeker Kutty
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Anwar shaw S
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Amina H.Shamon
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Nil
- Appearance Type
- Case between Thajudeen Kunju et al vs Naseela et al regarding permanent prohibitory injunction. > Case advocates
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendants are restrained from causing any damage to the plaint schedule shop room or making any alteration therein.
Evidence:
In the result, this suit is decreed in part as follows: (i) The defendants are restrained from causing any damage to the plaint schedule shop room or made any alteration therein.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiffs are entitled to realise the costs of the suit from the defendants.
Evidence:
Moreover, the plaintiffs are entitled to realise the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Proves ownership and possession of the plaint schedule property.
Reference:
Ext.A1
Document Type:
Building Certificate
Submitted By:
Plaintiff
Relevance:
Establishes legal standing of the building.
Reference:
Ext.A2
Document Type:
License Deed
Submitted By:
Plaintiff
Relevance:
Shows the business operations of the defendants on the plaint schedule property.
Reference:
Ext.A3
Document Type:
Receipt of Petition
Submitted By:
Plaintiff
Relevance:
Details the petition context related to the plaint schedule.
Reference:
Ext.A4
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
Documents the issues faced by the plaintiffs regarding the defendants' actions.
Reference:
Ext.A5
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Provides findings relevant to the case.
Reference:
Ext.C1
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Non-payment of rent
Case Code
Case between Thajudeen Kunju et al vs Naseela et al regarding permanent prohibitory injunction.
Case Code Year
Case between Thajudeen Kunju et al vs Naseela et al regarding permanent prohibitory injunction.