Case Summary
Mohammedkutty filed a suit against Subaida seeking eviction from a property originally owned by Mohammedkutty's father.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Mandatory Injunction for Eviction within 3 months
Case Type
Civil Suit - Eviction
Final Judgment
No
The court decreed that the defendant should vacate the property within 3 months and awarded costs to the plaintiff.
Why Plaintiff Won:
The plaintiff's case was proved based on the partition deed, sale deed, and defendant's refusal to vacate despite permission to stay.
The plaintiff's case was proved based on the partition deed, sale deed, and defendant's refusal to vacate despite permission to stay.
Losing Side's Weaknesses:
The plaintiff's case was proved based on the partition deed, sale deed, and defendant's refusal to vacate despite permission to stay.
The plaintiff's case was proved based on the partition deed, sale deed, and defendant's refusal to vacate despite permission to stay.
Supporting Evidence
From plaint, Affidavit and Exhibits, the plaintiff's case is proved.
Judgment Evidence:
In the result, the suit is decreed as follows
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Mohammedkutty
- Party Age
- 50
- Relation
- S/o Beerankutty
- Party Role
- Defendant
- Party Name
- Subaida
- Party Age
- 43
- Relation
- W/o Hamza
Plaintiffs Documents
Partition Deed Doc. No.1800/1988, Jenm Assignment Deed Doc. No.2435/1988
Defendants Documents
Not available
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. M.K.Moosakutty
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.K.A.Samad
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Mandatory Injunction for Eviction within 3 months
Evidence:
The defendant is directed to vacate the plaint schedule property after taking away all her chattels by a decree of mandatory injunction within 3 months from today.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff to get costs of the proceedings from the defendants or from her assets
Evidence:
The plaintiff is entitled to get costs of the proceedings from the defendants or from her assets.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Established the partition of the property
Reference:
Doc. No.1800/1988
Document Type:
Jenm Assignment Deed
Submitted By:
Plaintiff
Relevance:
Documented transfer of property
Reference:
Doc. No.2435/1988
Case Classification
Case Type
Civil Suit - Eviction
Category
Eviction and Rent Control
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Partition of property
Case Code
Case between Mohammedkutty vs Subaida regarding Eviction
Case Code Year
Case between Mohammedkutty vs Subaida regarding Eviction