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

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

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

Plaintiffs

Ayisha (72 years) Koralattil House, Thanalur amsom Pakara desom, Thanalur.P.O. Tirur Taluk Ibrahim (48 years) Chakkalakkal House, Thanalur amsom Pakara desom, Tirur Taluk

Defendants

Muhammedkutty (48 years) Melekkattil House, Melepakara Beeran padi, K.P.Moideen Quarters, Thanalur amsom Pakara desom, Thanalur.P.O. Tirur Taluk Ummul Fathima (34 years) Noorul Basheera (16 years) Irfana Beegum (13 years) Abdul Gafoor (50 years) Veliyath (H), Thanalur amsom Pakara desom, Thanalur.P.O. Tirur Taluk

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