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Original Suit No. 376 OF 2017

Case between Abdul Jaleel vs Kadeeja Umma et al regarding declaration and injunction.

Court
THE COURT OF THE MUNSIFF OF TIRUR
Judge
Sri. JANKISH NARAYANAN
Order Date
2019-08-26
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

Abdul Jaleel filed a suit against Kadeeja Umma and others for the declaration of property rights and preventing them from interfering with his possession. The defendants admitted the plaintiff's claim through their written statement.

Judgment Outcome

Plaintiff Won
Interim Order
The court declared that the plaintiff has right and title over the property and issued a perpetual injunction against the defendants from trespassing. Additionally, the plaintiff is entitled to recover costs from the defendants.
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realize the costs of the suit from the defendants.
Case Type
Civil Suit
Final Judgment
No
The court declared that the plaintiff has right and title over the property and issued a perpetual injunction against the defendants from trespassing. Additionally, the plaintiff is entitled to recover costs from the defendants.
Why Plaintiff Won:
The defendants admitted the plaint claim in their written statement, allowing the suit to be decreed on admission.
Losing Side's Weaknesses:
The defendants admitted the plaint claim in their written statement, allowing the suit to be decreed on admission.
Supporting Evidence
The learned counsel for the plaintiff submitted that the plaint claim is admitted by the defendants through their written statement. Order XII Rule 6 speaks of judgment on admissions.

Judgment Evidence:

In the result, the suit is decreed as follows: 1. It is declared that the plaintiff has right and title over the plaint schedule property by virtue of Document Nos. Nos.315/2002 and 1552/2002 of SRO Tanur. 2. The defendants are restrained by way of perpetual prohibitory injunction, from trespassing into the plaint schedule property and also from interfering with the peaceable enjoyment and possession of the plaint schedule property. 3. Plaintiff is entitled to realize the costs of the suit from the defendants.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Abdul Jaleel
Party Age
35
Relation
D/o
Party Role
Defendant
Party Name
Kadeeja Umma
Party Age
63
Relation
W/o
Party Role
Defendant
Party Name
Abdul Hameed
Party Age
46
Relation
S/o
Party Role
Defendant
Party Name
Fathima Suhara
Party Age
44
Relation
D/o
Party Role
Defendant
Party Name
Ismail
Party Age
42
Relation
S/o
Party Role
Defendant
Party Name
Sulaikha
Party Age
40
Relation
D/o
Plaintiffs Documents
Jenam Assignment Deed Doc. No.315/2002, Jenm Assignment Deed Doc. No.1552/2002.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Sri. M.P.Hussain
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sri.I.P.Shajith
Appearance Type
Main Counsel

Reliefs

Relief Type: Declaration
Outcome: Granted
Description:
It is declared that the plaintiff has right and title over the plaint schedule property by virtue of Document Nos. Nos.315/2002 and 1552/2002 of SRO Tanur.
Evidence:
It is declared that the plaintiff has right and title over the plaint schedule property by virtue of Document Nos. Nos.315/2002 and 1552/2002 of SRO Tanur.
Relief Type: Injunction
Outcome: Granted
Description:
The defendants are restrained by way of perpetual prohibitory injunction, from trespassing into the plaint schedule property and also from interfering with the peaceable enjoyment and possession of the plaint schedule property.
Evidence:
The defendants are restrained by way of perpetual prohibitory injunction, from trespassing into the plaint schedule property and also from interfering with the peaceable enjoyment and possession of the plaint schedule property.
Relief Type: Recovery
Outcome: Granted
Description:
Plaintiff is entitled to realize the costs of the suit from the defendants.
Evidence:
Plaintiff is entitled to realize the costs of the suit from the defendants.

Documents & Evidence

Document Type: Title deed
Submitted By: Plaintiff
Relevance:
Plaintiff produced his title deed Nos.315/2002 and 1552/2002, which are marked as Ext A1 and Ext.A2.
Reference:
Ext.A1
Document Type: Title deed
Submitted By: Plaintiff
Relevance:
Plaintiff produced his title deed Nos.315/2002 and 1552/2002, which are marked as Ext A1 and Ext.A2.
Reference:
Ext.A2

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Abdul Jaleel vs Kadeeja Umma et al regarding declaration and injunction.
Case Code Year
Case between Abdul Jaleel vs Kadeeja Umma et al regarding declaration and injunction.

Quick Facts

Location
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Case Closed
From
Thu, 08/01/2019 - 12:00
To
Sat, 08/31/2019 - 12:00
Outcome Confidence
90%

Involved Entities

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