Case Summary
The plaintiffs, who are children and the wife of late Shamsudeen, claim ownership of certain properties that their father had acquired. They filed this suit against the State of Kerala and its officials, contesting eviction notices served under the Kerala Land Conservancy Act.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendants are hereby restrained from evicting the plaintiffs from plaint schedule properties in any matter except through the process of Civil Court.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in part, restraining the defendants from evicting the plaintiffs from the plaint schedule properties except through the proper legal process.
Why Plaintiff Won:
The plaintiffs proved their case by providing substantial documentary evidence to support their claim of lawful possession.
The plaintiffs proved their case by providing substantial documentary evidence to support their claim of lawful possession.
Losing Side's Weaknesses:
The plaintiffs proved their case by providing substantial documentary evidence to support their claim of lawful possession.
The plaintiffs proved their case by providing substantial documentary evidence to support their claim of lawful possession.
Supporting Evidence
By producing Exts.A1 to A11 and by deposing in tune with the plaint averments in the affidavit, the plaintiffs have succeeded in proving their case.
Judgment Evidence:
In the result, this suit is decreed in part as follows: (i) The defendants are hereby restrained from evicting the plaintiffs from plaint schedule properties in any matter except through the process of Civil Court.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Haris
- Party Age
- 50
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Hafees
- Party Age
- 48
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Hashir
- Party Age
- 46
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Hazeena
- Party Age
- 45
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- State of Kerala
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- The Thahsildhar
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- The Village Officer
- Relation
- Represented by
Plaintiffs Documents
True copy of sale deed No.3350/1973, Sale deed No.3793/1997, Gift deed No.1381/1973, Sale deed No.1920/1994, Copy of land tax receipts, Copy of building tax receipts, Copy of KSEB bills, Copy of Judgments dated 12/07/2012 and 12/12/2018, Copy of Notices issued from Taluk Office.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Jani. A
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Nisa Fazil
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Reshma G.Netto
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sarath S.R.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Manoj. A.K.
- Appearance Type
- Government Pleader
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendants are hereby restrained from evicting the plaintiffs from plaint schedule properties.
Evidence:
The defendants are hereby restrained from evicting the plaintiffs from plaint schedule properties in any matter except through the process of Civil Court.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff is entitled to realise the costs of the suit from the defendants.
Evidence:
The plaintiff is entitled to realise the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
True copy of sale deed No. 3350/1973 dated 11/10/1973.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Sale deed No. 3793/1997 dated 04/12/1997.
Reference:
Ext.A2
Document Type:
Gift Deed
Submitted By:
Plaintiff
Relevance:
Gift deed No. 1381/1973 dated 28/03/1973.
Reference:
Ext.A3
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Sale deed No. 1920/1994 dated 19/05/1994.
Reference:
Ext.A4
Document Type:
Land Tax receipts
Submitted By:
Plaintiff
Relevance:
Copy of land tax receipts.
Reference:
Ext.A5
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
Copy of building tax receipt.
Reference:
Ext.A6
Document Type:
KSEB Bills
Submitted By:
Plaintiff
Relevance:
Copy of KSEB Bills.
Reference:
Ext.A7
Document Type:
Judgment
Submitted By:
Plaintiff
Relevance:
Copy of Judgment dated 12/07/2012 in WP (C) No. 15930 of 2007 (U) of the Hon’ble High Court of Kerala.
Reference:
Ext.A8
Document Type:
Judgment
Submitted By:
Plaintiff
Relevance:
Copy of Judgment dated 12/12/2018 in WP (C) No. 37148 of 2018 of the Hon’ble High Court of Kerala.
Reference:
Ext.A9
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Copy of notice No.A11. 21883/18 LC 43/18 dated 27/02/2019 issued from Taluk Office, Kollam.
Reference:
Ext.A10
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Copy of letter No.A11-21883/18 L.C. 43/18 dated 26/04/2019 issued from Taluk Office, Kollam.
Reference:
Ext.A11
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
Case between Haris et al vs State of Kerala et al regarding declaration and permanent prohibitory injunction.
Case Code Year
Case between Haris et al vs State of Kerala et al regarding declaration and permanent prohibitory injunction.