Case Summary
Plaintiff filed a suit for declaration and perpetual injunction against defendants regarding ownership of property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Declaration of void release deed and perpetual injunction
Case Type
Civil Suit - Declaration and Injunction
Final Judgment
No
The court declared the release deed void and granted perpetual injunction against the 5th defendant.
Why Plaintiff Won:
The plaintiff provided cogent and reliable evidence proving his ownership and the invalidity of the release deed.
The plaintiff provided cogent and reliable evidence proving his ownership and the invalidity of the release deed.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The plaintiff adduced evidence in tune with the averments in the plaint...
Judgment Evidence:
In the result, the suit is decreed as follows...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kakkidi Thaivalappil Aboobacker
- Party Age
- 49
- Relation
- S/o. Alavu
- Party Role
- Defendant
- Party Name
- Kakkidi Thaivalappil Hussan
- Party Age
- 52
- Relation
- S/o. Alavu
- Party Role
- Defendant
- Party Name
- Kolankarayil Sainaba
- Party Age
- 48
- Relation
- D/o. Kunhimoideenkutty
- Party Role
- Defendant
- Party Name
- Hassan
- Party Age
- 25
- Party Role
- Defendant
- Party Name
- Hussan
- Party Age
- 25
- Party Role
- Defendant
- Party Name
- Abdul Majeed
- Party Age
- 22
- Party Role
- Defendant
- Party Name
- Fathima
- Party Age
- 27
- Party Role
- Defendant
- Party Name
- Kanniyattil Kadeeja
- Party Age
- 47
- Relation
- D/o. Kunhimoideen
Plaintiffs Documents
Jenm Assignment Deed, Joint Release Deeds etc.
Defendants Documents
Not available
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. E.C. Suresh
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt. A.K. Sanitha
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Declaration that the release deed is void and the property is in co-ownership with the plaintiff and 5th defendant.
Evidence:
The plaintiff adduced evidence in tune with the averments in the plaint.
Relief Type:
Injunction
Outcome:
Granted
Description:
Perpetual injunction against the 5th defendant from executing any document based on the void release deed.
Evidence:
In the result, the suit is decreed as follows...
Relief Type:
Costs
Outcome:
Not Decided
Description:
Plaintiff is entitled to realize the cost of the suit from the defendants.
Evidence:
Not applicable
Documents & Evidence
Document Type:
Jenm Assignment Deed
Submitted By:
Plaintiff
Relevance:
Ownership details of the property
Reference:
A1. 08-01-1985
Document Type:
Joint Release Deed
Submitted By:
Plaintiff
Relevance:
Details of joint release of property
Reference:
A2. 05-02-2000
Document Type:
Joint Release Deed
Submitted By:
Plaintiff
Relevance:
Details of joint release of property
Reference:
A3. 07-03-2011
Case Classification
Case Type
Civil Suit - Declaration and Injunction
Category
Injunction and Access Rights
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Kakkidi Thaivalappil Aboobacker vs. Kakkidi Thaivalappil Aboobacker's children et al regarding property ownership
Case Code Year
Case between Kakkidi Thaivalappil Aboobacker vs. Kakkidi Thaivalappil Aboobacker's children et al regarding property ownership