Case Summary
Abdul Aziz filed a suit against Suhara Beevi and others for declaration of title and possession of property, along with injunction against trespassing. The defendants claimed their construction was lawful and asked for the suit to be dismissed.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the suit, finding that the plaintiff could not prove his claims of trespass and lack of title by the defendants. The construction by the defendants was deemed lawful.
Key Reasoning:
The defendants successfully demonstrated that they acted within their rights and complied with building regulations.
The defendants successfully demonstrated that they acted within their rights and complied with building regulations.
Why Defendant Won:
The defendants successfully demonstrated that they acted within their rights and complied with building regulations.
The defendants successfully demonstrated that they acted within their rights and complied with building regulations.
Supporting Evidence
The defendants 1 to 3 filed written statement contending that the construction carried out in their property is after obtaining required permit from the 4th defendant.
Judgment Evidence:
In light of aforesaid discussions the suit is dismissed. No order as to costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Abdul Aziz
- Party Age
- 65
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Suhara Beevi
- Party Age
- 49
- Relation
- M/O
- Party Role
- Defendant
- Party Name
- Ramzeena
- Party Age
- 23
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Muhammed Rasheed
- Party Age
- 79
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- The City Corporation of Thiruvananthapuram
- Relation
- Represented by
Plaintiffs Documents
Certified copy of Sale Deed No. 2280, Original Land Tax receipt
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Kazhakoottam K.S. Narayanan Nair
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- B. Vasudevan Nair
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. A .Abhisekhan. S. Hariharan Nair
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Refused
Description:
Declaration of title and possession over the plaint A schedule property.
Evidence:
In the light of the aforesaid discussions, Issue No.3 is found against the plaintiff.
Relief Type:
Possession
Outcome:
Refused
Description:
Confirmation of possession over the plaint A schedule property.
Evidence:
In the light of the aforesaid discussions, Issue No.3 is found against the plaintiff.
Relief Type:
Mandatory Injunction
Outcome:
Refused
Description:
Direction to defendants 1 and 2 not to construct any building violating the building rules.
Evidence:
In these circumstances this court is of the view that issue No.5 is found against the plaintiff.
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Restraining defendants 1 and 2 from trespassing into the plaint A schedule property.
Evidence:
Thus, Issue No.1 and 2 is found against the plaintiff.
Relief Type:
Recovery
Outcome:
Not Decided
Description:
The plaintiff seeks to recover the property but issue remains undecided.
Evidence:
Thus, Issue No.1 and 2 is found against the plaintiff.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale Deed No. 2280/1999 establishes the plaintiff's ownership of the plaint A schedule property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Original Land Tax receipt further supports the plaintiff's claim of ownership over the plaint A schedule property.
Reference:
Ext.A2
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
Case between Abdul Aziz vs Suhara Beevi et al regarding declaration of title and possession
Case Code Year
Case between Abdul Aziz vs Suhara Beevi et al regarding declaration of title and possession