Case Summary
Aboobacker filed a suit against his sister Kousumma seeking recovery of possession and permanent mandatory injunction for property modification.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Recovery of possession, Permanent mandatory injunction
Case Type
Civil Suit - Recovery and Injunction
Final Judgment
No
The court decreed the suit in favor of the plaintiff, directing the defendant to give vacant possession, demolish unauthorized construction, and pay costs.
Why Plaintiff Won:
Reason not clearly mentioned
Reason not clearly mentioned
Losing Side's Weaknesses:
Reason not clearly mentioned
Reason not clearly mentioned
Supporting Evidence
Plaintiff proved his case with cogent and reliable evidence.
Judgment Evidence:
Suit is decreed as follows: 1. Defendant to give vacant possession of the plaint B schedule property to the plaintiff within 2 months. 2. Demolish unauthorized construction. 3. Defendant to pay costs of the suit.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Aboobacker
- Party Age
- 56
- Relation
- S/o Deceased Melethil Pocker
- Party Role
- Defendant
- Party Name
- Kousumma
- Party Age
- 66
- Relation
- D/o Deceased Melethil Pocker
Plaintiffs Documents
Jenm Assignment Deed No. 3290/1999, Tax receipts, Ownership certificates etc
Defendants Documents
Not available
Advocates
Reliefs
Relief Type:
Recovery of Possession
Outcome:
Granted
Description:
To give vacant possession of the plaint B schedule property to the plaintiff within 2 months.
Evidence:
Relief Type:
Permanent mandatory injunction
Outcome:
Granted
Description:
To demolish unauthorized construction made by the defendant in the plaint B schedule property.
Evidence:
Documents & Evidence
Document Type:
Jenm Assignment Deed
Submitted By:
Plaintiff
Relevance:
Proved title and possession of the property.
Reference:
No. 3290/1999
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Supporting ownership and possession.
Reference:
Multiple receipts
Document Type:
Ownership Certificate
Submitted By:
Plaintiff
Relevance:
Establishing ownership of the property.
Reference:
Ext.A8 and A10
Case Classification
Case Type
Civil Suit - Recovery and Injunction
Category
Property and Possession Disputes
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Recovery of Possession
Case Code
Case between Aboobacker vs Kousumma regarding recovery of possession and permanent mandatory injunction
Case Code Year
Case between Aboobacker vs Kousumma regarding recovery of possession and permanent mandatory injunction