ORIGINAL SUIT No. 67 OF 2015

Case between Ayisha vs Muhammedkutty et al regarding declaration and recovery of possession

Court

IN THE COURT OF THE MUNSIFF OF TIRUR

Judge

Sri. JANKISH NARAYANAN

Order Date

2019-10-26

Duration

Case Closed

Judgement document from eCourt website

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Case Summary

The case involves Ayisha, the plaintiff, seeking a declaration and recovery of possession of her property that she claims was fraudulently assigned to Muhammedkutty, the deceased original defendant, who created a forged document. After discovering this, she filed the suit to cancel the document and regain control of her property.

Judgment Outcome

Plaintiff Won

Interim Order

The court declared the document bearing No. 4066/2013 as null and void, affirming that it was not binding on the plaintiff. The plaintiff is entitled to recover costs from the defendants.

Judgment Favored

Plaintiff

Relief Granted

Costs of the suit from the defendants

Case Type

Original Suit

Final Judgment

The court declared the document bearing No. 4066/2013 as null and void, affirming that it was not binding on the plaintiff. The plaintiff is entitled to recover costs from the defendants.

Why Plaintiff Won:
The plaintiff proved her case by presenting cogent and reliable evidence.

Losing Side's Weaknesses:
The plaintiff proved her case by presenting cogent and reliable evidence.

Supporting Evidence

The evidence adduced by the plaintiff remained unchallenged as the defendants failed to appear and present counter-evidence.

Judgment Evidence:

In the result, the suit is decreed in part as follows. I. It is declared that the document bearing No. 4066/2013 of SRO, Tirur (Exbt. A2) is null and void and not binding on the plaintiff, and it is hereby cancelled.

Parties Involved

Parties

Party Role: Plaintiff
Party Name: Ayisha
Party Age: 72
Relation: D/o

Party Role: Plaintiff
Party Name: Ibrahim
Party Age: 48
Relation: Represented by

Party Role: Defendant
Party Name: Muhammedkutty
Party Age: 48
Relation: S/o

Party Role: Defendant
Party Name: Ummul Fathima
Party Age: 34
Relation: W/o

Party Role: Defendant
Party Name: Noorul Basheera
Party Age: 16
Relation: D/o

Party Role: Defendant
Party Name: Irfana Beegum
Party Age: 13
Relation: D/o

Party Role: Defendant
Party Name: Abdul Gafoor
Party Age: 50
Relation: S/o

Plaintiffs Documents

Certified copy of Partition Deed dated 3-7-1995, Copy of Gift deed dated 11-10-2013

Defendants Documents

Advocates

Party Role: Plaintiff
Advocate Name: Sri. E.K.Noushad
Appearance Type: Main Counsel

Reliefs

Relief Type: Declaration

Outcome: Granted

Description:

Declaration that the document bearing No. 4066/2013 of SRO, Tirur is null and void.

Evidence:

It is declared that the document bearing No. 4066/2013 of SRO, Tirur (Exbt. A2) is null and void and not binding on the plaintiff, and it is hereby cancelled.

Relief Type: Recovery

Outcome: Refused

Description:

Recovery of possession of the plaint schedule property.

Evidence:

But, the plaintiff did not adduce any evidence with regard to her prayer for recovery of possession of the plaint schedule property.

Documents & Evidence

Document Type: Partition Deed

Submitted By: Plaintiff

Relevance:

Certified copy of the partition deed relevant to the property in question.

Reference:

Ext.A1

Document Type: Gift Deed