Case Summary
The plaintiff, Karimibul Abdulkhar Haji, is seeking recovery of possession of a property and various injunctions against the defendant, Baburaj, who is a tenant that occupies part of the property. The case revolves around ownership disputes and the defendant's unauthorized construction of a shed.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Recovery of possession of plaint C schedule property, mandatory injunction to remove the shed, permanent prohibitory injunction, and damages of Rs.60,000/- with 6% interest.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, allowing him to recover possession of the disputed property and imposing a mandatory injunction against the defendant to remove an illegally constructed shed.
Why Plaintiff Won:
The plaintiff proved his title over the property and established unauthorized occupation by the defendant.
The plaintiff proved his title over the property and established unauthorized occupation by the defendant.
Losing Side's Weaknesses:
The plaintiff proved his title over the property and established unauthorized occupation by the defendant.
The plaintiff proved his title over the property and established unauthorized occupation by the defendant.
Supporting Evidence
It is clearly established that the defendant constructed the shed in an area that belonged to the plaintiff after an unlawful trespass.
Judgment Evidence:
The suit is decreed with costs. 1) The plaintiff is entitled to recover the possession of plaint C schedule property on the strength of title of the plaintiff and the defendant is directed to surrender the vacant possession of the plaint C schedule property within a period of one month from the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- KARIMBIL ABDULKHADAR HAJI
- Party Age
- 70
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- BABURAJ
- Party Age
- 63
- Relation
- S/o
Plaintiffs Documents
Registered Assignment deed No.1333/1984, Copy of High Court Order in WP(c) 14558/2021, Surveyor Plan.
Defendants Documents
Agreement entered in between Ravya and Baburaj, Certified copy of F.I Statement of Baburaj.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. K. K. Anil Raj
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. V. K. Santhoshkumar
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Anunanda. P
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Shanoj. N
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Recovery of possession of plaint C schedule property.
Evidence:
The plaintiff is entitled to recover the possession of plaint C schedule property on the strength of title of the plaintiff.
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Injunction directing the defendant to remove the shed constructed in the plaint C schedule property.
Evidence:
A Mandatory injunction is passed directing the defendant to remove the shed constructed in the plaint C schedule property.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Prohibitory injunction restraining the defendant from trespassing into any portion of plaint A schedule property.
Evidence:
Defendant, his men, agent and workers are restrained by a decree of permanent prohibitory injunction from trespassing into any portion of plaint A schedule property.
Relief Type:
Damages
Outcome:
Granted
Description:
Damages for unauthorized use and occupation of plaint C schedule property.
Evidence:
The defendant is directed to pay an amount of Rs.60,000/- being the damages for unauthorized use and occupation of plaint C schedule property.
Documents & Evidence
Document Type:
Title deed
Submitted By:
Plaintiff
Relevance:
This document establishes the plaintiff's title to the property described in the A schedule.
Reference:
Ext.A1
Document Type:
Title deed
Submitted By:
Plaintiff
Relevance:
This document further supports the plaintiff's ownership of the property.
Reference:
Ext.A2
Document Type:
Title deed
Submitted By:
Plaintiff
Relevance:
This document is related to the ownership of the B schedule property.
Reference:
Ext.A3
Document Type:
Court Order
Submitted By:
Plaintiff
Relevance:
This order from the Hon'ble High Court pertains to police protection and is referenced in the context of the plaintiff's claims.
Reference:
Ext.A4
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
A notice issued to the defendant regarding the demand for possession of the property.
Reference:
Ext.A6
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
A basic tax receipt supporting the ownership of the property.
Reference:
Ext.A10
Document Type:
Agreement
Submitted By:
Defendant
Relevance:
This agreement pertains to the relationship between the defendant and Rabiya, touching upon the dispute.
Reference:
Ext.B1
Document Type:
Consent letter
Submitted By:
Defendant
Relevance:
A letter regarding consent related to the defendant's usage of the property.
Reference:
Ext.B2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This report provides a detailed inspection of the property in question, crucial for determining the case.
Reference:
Ext.C1
Document Type:
Surveyor plan
Submitted By:
Court
Relevance:
The plan illustrates the layout of the disputed properties, aiding in understanding the claims.
Reference:
Ext.C1(a)
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Another commission report confirming the details of the disputed shed's location.
Reference:
Ext.C2
Document Type:
Certified Copy
Submitted By:
Defendant
Relevance:
Final report in the FIR filed by the defendant, supporting his claim.
Reference:
Ext.B6
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Case Code
Case between KARIMBIL ABDULKHADAR HAJI vs BABURAJ regarding Recovery of possession, Mandatory injunction, Permanent Prohibitory Injunction and for damages.
Case Code Year
Case between KARIMBIL ABDULKHADAR HAJI vs BABURAJ regarding Recovery of possession, Mandatory injunction, Permanent Prohibitory Injunction and for damages.