Case Summary
The case involves a suit filed by Abdurahiman Sakhafi for a declaration that a property absolutely belongs to him and for a permanent injunction against Ahmad Haji Unniyandi and others, restraining them from trespassing or altering the property. The defendants argue that the property in dispute is a Waqf property.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court found that the suit could not be entertained as it falls under the jurisdiction of the Waqf Tribunal due to the nature of the property in question being a Waqf property.
Key Reasoning:
The court determined it lacked jurisdiction over matters relating to Waqf properties, thus ruling in favor of the defendants.
The court determined it lacked jurisdiction over matters relating to Waqf properties, thus ruling in favor of the defendants.
Why Defendant Won:
The court determined it lacked jurisdiction over matters relating to Waqf properties, thus ruling in favor of the defendants.
The court determined it lacked jurisdiction over matters relating to Waqf properties, thus ruling in favor of the defendants.
Supporting Evidence
This court does not have jurisdiction to entertain the above suit.
Judgment Evidence:
Hence the plaint is liable to be returned under Order VII Rule 10 of the Code of Civil Procedure, 1908.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- ABDURAHIMAN SAKHAFI
- Party Age
- 63
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- NAZEER MADATHIL
- Party Age
- 52
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- AHAMMAD HAJI UNNIYANDI
- Party Age
- 75
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- USMAN KOYILOTH
- Party Age
- 65
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- USMAN HAJI
- Party Age
- 60
- Relation
- S/o
Plaintiffs Documents
Assignment Deed No. 1139/2002, Possession Certificate, Minutes of General Body, Letter from AGM, Basic Tax Receipt
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. K. P. Gangadharan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Krishnakumar. K
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. P. C. Satheesh
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. P. Balagopalan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt. Mini. K. Koyeri
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. P. Arun Kumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Not Decided
Description:
Plaintiff sought a declaration that the property in dispute belongs to them.
Evidence:
The suit is instituted by the plaintiffs for declaration declaring that plaint B schedule property absolutely belonged to the plaintiffs.
Relief Type:
Permanent Injunction
Outcome:
Not Decided
Description:
Plaintiff sought an injunction to restrain defendants from trespassing and altering properties.
Evidence:
The plaintiffs also sought a decree of permanent prohibitory injunction restraining the defendants.
Documents & Evidence
Document Type:
Assignment Deed
Submitted By:
Plaintiff
Relevance:
The assignment deed shows the ownership of the plaintiff society over the disputed property.
Reference:
Ext.A1
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
The possession certificate confirms that the plaintiff holds possession of the property in question.
Reference:
Ext.A2
Document Type:
Copy of minutes of General Body
Submitted By:
Plaintiff
Relevance:
The minutes provide details about the management of the property by the plaintiff's society.
Reference:
Ext.A3
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
The letter details correspondence regarding the management of the mosque property.
Reference:
Ext.A4
Document Type:
Photograph
Submitted By:
Plaintiff
Relevance:
The photograph supports the claims regarding the property.
Reference:
Ext.A5
Document Type:
Basic Tax Receipt
Submitted By:
Plaintiff
Relevance:
The tax receipt indicates property tax payment by the plaintiff.
Reference:
Ext.A6
Document Type:
Permit and Plan
Submitted By:
Plaintiff
Relevance:
The permit and plan show the approved layout for the property.
Reference:
Ext.A7
Document Type:
Photocopy of postal receipt
Submitted By:
Plaintiff
Relevance:
The postal receipt provides evidence of communication sent in relation to the property.
Reference:
Ext.A8
Document Type:
Reply letter
Submitted By:
Plaintiff
Relevance:
The reply letter addresses disputes regarding the property management.
Reference:
Ext.A9
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Boundary Dispute
Case Code
Case between ABDURAHIMAN SAKHAFI vs AHAMMAD HAJI UNNIYANDI et al regarding declaration and injunction
Case Code Year
Case between ABDURAHIMAN SAKHAFI vs AHAMMAD HAJI UNNIYANDI et al regarding declaration and injunction