Case Summary
Balakrishnan, a deaf and dumb person, claimed that Moideenkoya illegally took possession of a business bunk that he was supposed to manage. The plaintiff sought recovery of possession after multiple failed attempts to reclaim it.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is directed to give vacant possession of the plaint schedule property to the plaintiff within 2 months.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, ordering the defendant to vacate the property and hand it back to the plaintiff.
Why Plaintiff Won:
The defendant failed to prove any lawful right over the property and was found to have trespassed.
The defendant failed to prove any lawful right over the property and was found to have trespassed.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The court holds a view that the defendant didn't get any tenancy right in the plaint scheduled property and the suit is maintainable.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. The defendant is directed to give vacant possession of the plaint schedule property to the plaintiff within 2 months from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Balakrishnan
- Party Age
- 47
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Saraswathi
- Party Age
- 45
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Moideenkoya
- Party Age
- 41
- Relation
- S/o
Plaintiffs Documents
Affidavit received by plaintiff from Kuttippuram Grama Panchayath, Licence, Receipts from Kuttippuram Grama Panchayath
Defendants Documents
Lawyer Notice dated 13-02-2012, Licence Fee Receipts, Photo copy of Rent Agreement dated 17-10-2005
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. T.R.Vijayan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.P.P.Basheer
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.I.V.Rathish
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Recovery of possession of the plaint schedule property.
Evidence:
The plaintiff is entitled to get recovery of possession from the defendant as claimed.
Relief Type:
Costs
Outcome:
Granted
Description:
Cost of the suit to be realized from the defendant.
Evidence:
The plaintiff is entitled to realize the cost of the entire proceedings from the defendant.
Documents & Evidence
Document Type:
Affidavit
Submitted By:
Plaintiff
Relevance:
Received by the plaintiff from Kuttippuram Grama Panchayath.
Reference:
Ext.A1
Document Type:
Licence
Submitted By:
Plaintiff
Relevance:
Licence for conducting business.
Reference:
Ext.A2
Document Type:
Copy of sanction
Submitted By:
Plaintiff
Relevance:
True copy of sanction for granting licence.
Reference:
Ext.A3
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
Receipts issued to the plaintiff from Kuttippuram Grama Panchayath.
Reference:
Ext.A4-A17
Document Type:
Lawyer Notice
Submitted By:
Defendant
Relevance:
Notice sent by the plaintiff to the defendant.
Reference:
Ext.B1
Document Type:
Receipt
Submitted By:
Defendant
Relevance:
Various receipts substantiating defendant's claims.
Reference:
Ext.B2-B10
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report submitted by Advocate Commissioner.
Reference:
Ext.C1
Document Type:
Commission Plan
Submitted By:
Court
Relevance:
Commission plan submitted by Advocate Commissioner.
Reference:
Ext.C2
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Balakrishnan vs Moideenkoya regarding Recovery of Possession
Case Code Year
Case between Balakrishnan vs Moideenkoya regarding Recovery of Possession