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O.S. No. 742/2018

Case between Mohammed Sageer vs Abdul Razak regarding recovery of possession and damages

Court
COURT OF MUNSIFF, ERNAKULAM
Judge
Smt. Needi. K. Dinamany
Order Date
2024-11-15
Duration
approximately-6 years 1 month 15 days

Judgement document from eCourt website

Open judgment PDF (eCourt)
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Case Summary

Mohammed Sageer is the plaintiff seeking recovery of possession and damages from Abdul Razak, the defendant. The dispute revolves around the possession of a residential property and alleged unauthorized alterations made by the defendant.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed in favor of the plaintiff, granting him recovery of possession of the property. The plaintiff's entitlement to costs of the suit was also recognized.
Judgment Favored
Plaintiff
Relief Granted
Recovery of possession of plaint schedule property from the defendant within one month
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff proved his title to the property and established that the defendant had no lawful claim to continue possession.

Judgment Evidence:

In the result, suit is decreed on the following terms. 1) Plaintiff is entitled for recovery of possession of plaint schedule property from the possession of the defendant within one month from the date of decree failing which plaintiff can secure the same through court of law.

Parties Involved

Plaintiffs

Mohammed Sageer (37 years) Padanat House, Vazhakala Village, Kakkanad, Kanayannoor Thaluk, Ernakulam-682034

Defendants

Abdul Razak (52 years) Mangalassery House, Kacheripady, Cheranallore Village, Cheranallore, Ernakulam-682034

Reliefs

Relief Type: Possession
Outcome: Granted
Description:
The plaintiff sought recovery of possession of the plaint schedule property.
Evidence:
In the result, suit is decreed on the following terms. 1) Plaintiff is entitled for recovery of possession of plaint schedule property from the possession of the defendant within one month from the date of decree failing which plaintiff can secure the same through court of law.
Relief Type: Other
Outcome: Partly Granted
Description:
The plaintiff sought costs for the proceedings.
Evidence:
2) Plaintiff is entitled to realize the costs of the suit from the defendant.

Documents & Evidence

Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
This document establishes the plaintiff's ownership of the plaint schedule property.
Reference:
Ext.A1
Document Type: Tax receipt
Submitted By: Plaintiff
Relevance:
This document supports the plaintiff's claim regarding the possession of the property.
Reference:
Ext.A2
Document Type: Possession and Non-Attachment Certificate
Submitted By: Plaintiff
Relevance:
This document further validates the plaintiff's claim to the property.
Reference:
Ext.A3
Document Type: Lawyer Notice
Submitted By: Plaintiff
Relevance:
This document shows that the plaintiff sought to terminate the defendant's tenancy.
Reference:
Ext.A4
Document Type: Acknowledgment card
Submitted By: Plaintiff
Relevance:
This document corroborates the sending of the lawyer's notice to the defendant.
Reference:
Ext.A5
Document Type: Sale deed
Submitted By: Defendant
Relevance:
This document is part of the defendant's claims regarding his legal rights over the property.
Reference:
Ext.B1
Document Type: Complaint
Submitted By: Defendant
Relevance:
This document relates to a complaint filed regarding the property dispute.
Reference:
Ext.B2
Document Type: Complaint
Submitted By: Defendant
Relevance:
This document is another complaint filed by the defendant related to the case.
Reference:
Ext.B3
Document Type: Sale Agreement
Submitted By: Defendant
Relevance:
This document supports the defendant's claim of having an agreement with the prior owner.
Reference:
Ext.B4
Document Type: Estimate
Submitted By: Defendant
Relevance:
This document pertains to renovation work done by the defendant on the property.
Reference:
Ext.B5
Document Type: Sketch
Submitted By: Defendant
Relevance:
This document provides evidence of intended construction on the property.
Reference:
Ext.B6

Quick Facts

Location
Ernakulam
Case Filed
Thu, 07/12/2018 - 12:00
Outcome Confidence
90%

Involved Entities

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