Case Summary
Vadakke Painkal Muhammed Haji is the plaintiff seeking a mandatory and perpetual injunction against Chembra Chanthu. The case involves an encroachment issue where the defendant allegedly constructed a structure on the plaintiff's property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Mandatory injunction to demolish the varambu and restore possession of the plaint B schedule property
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The court found the plaintiff's evidence credible and unchallenged due to the defendant's absence.
The court found the plaintiff's evidence credible and unchallenged due to the defendant's absence.
Judgment Evidence:
The suit is decreed as follows: a) The defendant is directed by a mandatory injunction to demolish the varambu constructed by him as shown as FE in the sketch along with plaint within 2 months from today.
Parties Involved
Plaintiffs
Vadakke Painkal Muhammed Haji (55 years years)
Kattiparuthi amsom, desom
Defendants
Chembra Chanthu (45 years years)
Naduvattom amsom, Chellur desom
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Defendant is directed to demolish the varambu constructed by him.
Evidence:
The defendant is directed by a mandatory injunction to demolish the varambu constructed by him as shown as FE in the sketch along with plaint within 2 months from today.
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendant is directed to give possession of plaint 'B' schedule property.
Evidence:
The defendant is directed to give the possession of plaint 'B' schedule property within 2 months from today.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendant is restrained from making any encroachment into plaint 'B' schedule property.
Evidence:
The defendant is hereby restrained from making any encroachment into the plaint 'B' schedule property and to make any improvements in the plaint 'B' Schedule property.
Documents & Evidence
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Provided as part of evidence of ownership.
Reference:
Ext.A1
Document Type:
Photocopy of Jenm Assignment Deed
Submitted By:
Plaintiff
Relevance:
Established ownership of plaint A schedule property.
Reference:
Ext.A2
Document Type:
Photocopy of Jenm Assignment Deed
Submitted By:
Plaintiff
Relevance:
Provided additional evidence related to ownership.
Reference:
Ext.A3
Document Type:
Estimate form of Village officer
Submitted By:
Plaintiff
Relevance:
Related to the property boundaries.
Reference:
Ext.A4
Document Type:
Estimate form of Village officer
Submitted By:
Plaintiff
Relevance:
Related to the property boundaries.
Reference:
Ext.A5
Document Type:
Photo copy of Jenm Assignment Deed
Submitted By:
Plaintiff
Relevance:
Provided as part of evidence of ownership.
Reference:
Ext.A6
Document Type:
Commissioner Report
Submitted By:
Court
Relevance:
Provided court's findings related to property inspection.
Reference:
Ext.C1
Document Type:
Plan
Submitted By:
Court
Relevance:
Plan related to property evaluation.
Reference:
Ext.C2
Document Type:
Commissioner Report
Submitted By:
Court
Relevance:
Provided additional findings from the inspection.
Reference:
Ext.C3
Document Type:
Plan
Submitted By:
Court
Relevance:
Related to the property boundaries and encroachments.
Reference:
Ext.C4