Case Summary
Nizar Abdul Hameed filed a suit against Umaiba Beevi and others for declaration, partition, and permanent prohibitory injunction concerning property belonging to the late Abdul Hameed. The case revolves around claims of joint possession and alleged fraudulent deeds executed by other defendants.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The suit was dismissed with costs as the plaintiff failed to establish any subsisting right over the plaint schedule property, which was determined to be validly conveyed to the 15th defendant.
Key Reasoning:
The plaintiff was unable to prove his claims regarding joint ownership and the validity of the contested deeds.
The plaintiff was unable to prove his claims regarding joint ownership and the validity of the contested deeds.
Why Defendant Won:
Not available
Not available
Supporting Evidence
The plaintiff has failed to establish any subsisting right over the plaint schedule property.
Judgment Evidence:
In the result, the suit is dismissed with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Nizar Abdul Hameed
- Party Age
- 44
- Relation
- Husband
- Party Role
- Defendant
- Party Name
- Umaiba Beevi
- Party Age
- 65
- Relation
- Wife
- Party Role
- Defendant
- Party Name
- Anzar
- Party Age
- 41
- Relation
- Son
- Party Role
- Defendant
- Party Name
- Sulaikha Beevi
- Party Age
- 43
- Relation
- Daughter
- Party Role
- Defendant
- Party Name
- Mustafa
- Party Age
- 41
- Relation
- Son
- Party Role
- Defendant
- Party Name
- Haneefa
- Party Age
- 39
- Relation
- Son
Plaintiffs Documents
Certified copy of Sale Deed No. 2015/1977, Certified copy of Relinquishment Deed No.877/2005, Death Certificate, Certified copy of Sale Deed No.3574/2010.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- T. Ajeesh
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- M.Ziad
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Refused
Description:
To declare the Sale Deed No. 3574/2010 as null and void.
Evidence:
Accordingly, this Court finds that the plaintiff has failed to establish any subsisting right over the plaint schedule property.
Relief Type:
Partition
Outcome:
Refused
Description:
To pass a preliminary decree for partition of the plaintiff’s 1/12th share in the plaint schedule property.
Evidence:
Thus, Issue Nos. 4 and 5 are found against the plaintiff.
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
For a permanent prohibitory injunction restraining the 15th defendant from alienating the plaint schedule property.
Evidence:
The relief of prohibitory injunction, which is only ancillary to the main relief of partition, also cannot be granted.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale Deed No. 2015/1977 showing the property originally belonged to Late Abdul Hameed.
Reference:
Ext.A1
Document Type:
Relinquishment Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Relinquishment Deed No. 877/2005 whereby defendants 1 and 7 relinquished their right over the plaint schedule property in favour of the 6th defendant.
Reference:
Ext.A2
Document Type:
Commission Report
Submitted By:
Plaintiff
Relevance:
Court Exhibit C1 series includes the commission report relevant to the case.
Reference:
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale Deed No. 3574/2010 wherein the 6th defendant transferred the plaint schedule property in favour of the 15th defendant.
Reference:
Ext.A4
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Death certificate of Abdul Hameed showing that he died on 09.09.2004.
Reference:
Ext.A5
Document Type:
Legal heirship certificate
Submitted By:
Plaintiff
Relevance:
Legal heirship certificate stating the legal heirs of Late Abdul Hameed.
Reference:
Ext.A6
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report relevant to the case submission.
Reference:
C1
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
Case between Nizar Abdul Hameed vs Umaiba Beevi et al regarding Declaration, Partition and Injunction
Case Code Year
Case between Nizar Abdul Hameed vs Umaiba Beevi et al regarding Declaration, Partition and Injunction