Case Summary
Beepathu and Hafseena, petitioners, are seeking permission to sue for damages caused by the respondents, members of the CPI (M). They claim the respondents trespassed into their house and caused significant damage and loss.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Case Type
Original Petition
Final Judgment
No
The court allowed the petition for permission to sue as indigent persons, stating that the petitioners do not have sufficient means to pay the court fees required.
Why Plaintiff Won:
The petitioners were found to be indigent and unable to pay the requisite court fee.
The petitioners were found to be indigent and unable to pay the requisite court fee.
Losing Side's Weaknesses:
The petitioners were found to be indigent and unable to pay the requisite court fee.
The petitioners were found to be indigent and unable to pay the requisite court fee.
Supporting Evidence
The learned AGP further reported that husband of the petitioner No. 2 is working abroad. He has an annual income of Rs. 98,000/-. The mere fact that the 2nd petitioner has some movable properties is not sufficient to make an inference that she has a means to pay the prescribed court fee.
Judgment Evidence:
In the result, the petition is allowed. The petition shall be numbered as plaint as O.S. No. /2019.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Beepathu
- Party Age
- 62
- Relation
- W/o Kammuttakath Kunhimon
- Party Role
- Plaintiff
- Party Name
- Hafseena
- Party Age
- 24
- Relation
- W/o Anwar
- Party Role
- Defendant
- Party Name
- Ashraf
- Party Age
- 38
- Relation
- S/o Yahu
- Party Role
- Defendant
- Party Name
- Usman
- Party Age
- 36
- Relation
- S/o Yahu
- Party Role
- Defendant
- Party Name
- Shabeer
- Party Age
- 28
- Relation
- S/o Samad
- Party Role
- Defendant
- Party Name
- Shihab
- Party Age
- 27
- Relation
- S/o Hameed
- Party Role
- Defendant
- Party Name
- Harshad
- Party Age
- 26
- Relation
- S/o Samad
Plaintiffs Documents
Proof affidavit filed in lieu of examination in chief.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.C.Nandakumar
- 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.Ratheesh
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
Permission to sue as indigent persons.
Evidence:
Therefore, I am satisfied that the petitioners have not possessed of sufficient means to enable them to pay the court fee prescribed by law for the plaint in the suit. Hence, the petitioner is entitled for the relief claimed in the petition.
Documents & Evidence
Case Classification
Case Type
Original Petition
Category
Other Civil Cases
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Beepathu vs Ashraf et al regarding permission to sue as indigent persons
Case Code Year
Case between Beepathu vs Ashraf et al regarding permission to sue as indigent persons