Case Summary
Omer Shereef filed a suit against Mohammed Ismayil seeking recovery of possession of a property after the defendant refused to vacate despite multiple demands.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Vacant possession of the property
Case Type
Civil Suit - Recovery of Possession
Final Judgment
No
The court decreed in favor of the plaintiff, directing the defendant to vacate the property within 2 months.
Why Plaintiff Won:
The plaintiff provided cogent and reliable evidence through witness testimony and exhibits, establishing his ownership and entitlement to recovery of possession.
The plaintiff provided cogent and reliable evidence through witness testimony and exhibits, establishing his ownership and entitlement to recovery of possession.
Losing Side's Weaknesses:
The plaintiff provided cogent and reliable evidence through witness testimony and exhibits, establishing his ownership and entitlement to recovery of possession.
The plaintiff provided cogent and reliable evidence through witness testimony and exhibits, establishing his ownership and entitlement to recovery of possession.
Supporting Evidence
The evidence adduced by PW1 remained unchallenged. I find no reason to disbelieve PW1. Therefore, I hold a view that the plaintiff has proved his case by adducing cogent and reliable evidence and he is entitled for a decree as prayed for.
Judgment Evidence:
The defendant is directed to give vacant possession of the plaint schedule property to the plaintiff within a period of 2 months from today. Defendant is directed to pay the costs of the suit.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Omer Shereef.P
- Party Age
- 33
- Relation
- Son of Sakeer Ahamed
- Party Role
- Defendant
- Party Name
- Mohammed Ismayil
- Party Age
- 54
- Relation
- Son of Abdul Majeed Master (late)
Plaintiffs Documents
Jenam Assignment Deed, Building Tax receipt, Land tax receipt, Lawyer Notice, Electricity bill payment receipt
Defendants Documents
Not available
Advocates
Reliefs
Relief Type:
Recovery of Possession
Outcome:
Granted
Description:
Vacant possession of the property
Evidence:
The defendant is directed to give vacant possession of the plaint schedule property to the plaintiff within a period of 2 months from today.
Documents & Evidence
Document Type:
Jenam Assignment Deed
Submitted By:
Plaintiff
Relevance:
Establishing plaintiff's ownership of the property
Reference:
A1
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
Documenting tax payment related to the property
Reference:
A2
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Documenting land tax payment for the property
Reference:
A3
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice sent to the defendant demanding vacation of the property
Reference:
A4
Document Type:
Electricity bill payment receipt
Submitted By:
Plaintiff
Relevance:
Documenting payment of electricity bill for the property
Reference:
A6
Case Classification
Case Type
Civil Suit - Recovery of Possession
Category
Property and Possession Disputes
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Property possession dispute
Case Code
Case between Omer Shereef.P vs Mohammed Ismayil regarding possession of property
Case Code Year
Case between Omer Shereef.P vs Mohammed Ismayil regarding possession of property