Case Summary
Plaintiff filed a suit against the defendants seeking recovery of possession of plaint 'B' schedule property due to unauthorized construction of a road by the defendants.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Recovery of possession of plaint 'B' schedule property
Case Type
Civil Suit - Recovery of Possession
Final Judgment
No
The court decreed in favor of the plaintiff, directing the defendant to vacate and deliver vacant possession of the plaint 'B' schedule property and pay the costs of the suit.
Why Plaintiff Won:
The plaintiff proved his case by cogent and reliable evidence, establishing his title over the property and the unauthorized actions of the defendants.
The plaintiff proved his case by cogent and reliable evidence, establishing his title over the property and the unauthorized actions of the defendants.
Losing Side's Weaknesses:
The plaintiff proved his case by cogent and reliable evidence, establishing his title over the property and the unauthorized actions of the defendants.
The plaintiff proved his case by cogent and reliable evidence, establishing his title over the property and the unauthorized actions of the defendants.
Supporting Evidence
From the documents adduced by PW1, it is proved that plaintiffs have title over plaint schedule property. Since the defendant opted to remain exparte, nothing is there to unruffle the evidence adduced by the plaintiff. Hence the plaintiff proved his case by cogent and reliable evidence.
Judgment Evidence:
The suit is decreed as follows: The defendant is hereby directed to give the vacant possession of plaint 'B' schedule property to the plaintiff. The defendant shall pay cost of the suit.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Ambazhappulli Alimuhammed
- Party Age
- 44
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Kalpakancheri Grama Panchayath
- Relation
- Represented by Its Secretary
- Party Role
- Defendant
- Party Name
- Secretary, Kalpakancheri Grama Panchayath
Plaintiffs Documents
Jenm Assignment Deed dated 21-9-1999 (Ext.A1), Jenm Assignment Deed dated 30-11-2005 (Ext.A2), Copy of petition filed before Kalpalanchery Police Station (Ext.A3), Copy of Lawyer Notice (Ext.A4), etc.
Defendants Documents
Not available
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Gopi Kadavath
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery of Possession
Outcome:
Granted
Description:
Recovery of possession of the plaint 'B' schedule property
Evidence:
The defendant is hereby directed to give the vacant possession of plaint 'B' schedule property to the plaintiff.
Documents & Evidence
Document Type:
Jenm Assignment Deed
Submitted By:
Plaintiff
Relevance:
Proved ownership of the plaint schedule property.
Reference:
Ext.A1
Document Type:
Copy of Petition
Submitted By:
Plaintiff
Relevance:
Filed before Kalpalanchery Police Station.
Reference:
Ext.A3
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Served to the defendants.
Reference:
Ext.A4
Case Classification
Case Type
Civil Suit - Recovery of Possession
Category
Property and Possession Disputes
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Ambazhappulli Alimuhammed vs Kalpakancheri Grama Panchayath et al regarding recovery of possession
Case Code Year
Case between Ambazhappulli Alimuhammed vs Kalpakancheri Grama Panchayath et al regarding recovery of possession