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ORIGINAL SUIT No. 374 OF 2017

Case between Abdurasakh vs Kadeeja Umma et al regarding declaration and injunction

Court
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

Abdurasakh, the plaintiff, claims ownership of a property originally assigned to his predecessor. The defendants, Kadeeja Umma et al, contest this claim, asserting a false right to the property.

Judgment Outcome

Plaintiff Won
Interim Order
The court declared that the plaintiff has the right and title over the property and restrained the defendants from trespassing.
Judgment Favored
Plaintiff
Relief Granted
Perpetual prohibitory injunction against the defendants from trespassing and realizing costs of the suit.
Case Type
Civil Suit
Final Judgment
No
The court declared that the plaintiff has the right and title over the property and restrained the defendants from trespassing.
Why Plaintiff Won:
Defendants admitted the plaint claim through their written statement.
Losing Side's Weaknesses:
Defendants admitted the plaint claim through their written statement.
Supporting Evidence
The learned counsel for the plaintiff submitted that the plaint claim is admitted by the defendants through their written statement. Since the defendants had admitted the plaint claim in the written statement, I am of the view that suit can be decreed on admission.

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 No. 2677/2015 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.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Abdurasakh
Party Age
38
Relation
S/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
Jenim Assignment Deed Doc. No.2677/2015 dated 6-8-2015, Tax Receipt dated 1-11-2018.
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 No. 2677/2015 of SRO Tanur.
Evidence:
It is declared that the plaintiff has right and title over the plaint schedule property by virtue of Document No. 2677/2015 of SRO Tanur.
Relief Type: Permanent Injunction
Outcome: Granted
Description:
The defendants are restrained by way of perpetual prohibitory injunction, from trespassing into 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: Other
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 No. 2677/2015, which is marked as Exbt A1.
Reference:
Ext.A1
Document Type: Tax receipt
Submitted By: Plaintiff
Relevance:
Part of the plaintiff's exhibits.
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 Abdurasakh vs Kadeeja Umma et al regarding declaration and injunction
Case Code Year
Case between Abdurasakh vs Kadeeja Umma et al regarding declaration and injunction

Quick Facts

Location
Tirur Taluk
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
100%

Involved Entities

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