Case Summary
The suit involved Ponnani Ma oonathool Islam Association represented by its secretary and K.K. Usman concerning eviction and arrears of rent for a Wakf property. The court decided that it lacks jurisdiction to entertain the claims and ordered the plaint to be returned for presentation before a proper forum.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Return of plaint for presenting before proper forum
Case Type
Civil Suit - Eviction
Final Judgment
No
The court lacked jurisdiction to entertain the claims regarding eviction and arrears of rent for the Wakf property, thus, returning the plaint for presentation before the proper forum.
Key Reasoning:
Reason not clearly mentioned
Reason not clearly mentioned
Why Defendant Won:
Reason not clearly mentioned
Reason not clearly mentioned
Supporting Evidence
Not available
Judgment Evidence:
Suit for eviction. Heard. Suit for eviction and for arrears of rent with respect to Wakf property. As per Section 83 and Section 85 of Wakf Act, this court has no jurisdiction to entertain the claims. Hence I am inclined to return the plaint under order VII Rule 10 Code of Civil procedure.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Ponnani Ma oonathool Islam Association
- Relation
- Represented by
- Party Role
- Plaintiff
- Party Name
- Hamza Bin Jamal
- Party Age
- 45
- Relation
- S/o. Jamal
- Party Role
- Defendant
- Party Name
- K.K. Usman
- Party Age
- 50
- Relation
- S/o. Kallumpurath
Plaintiffs Documents
Unknown
Defendants Documents
Unknown
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.M.P. Abdusameer
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Mujeeb Kolakkad
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Not Decided
Description:
Claim for eviction of the Wakf property
Evidence:
Reason not clearly mentioned
Relief Type:
Arrears of Rent
Outcome:
Not Decided
Description:
Claim for arrears of rent for the Wakf property
Evidence:
Reason not clearly mentioned
Documents & Evidence
Document Type:
Unknown
Submitted By:
Unknown
Relevance:
Unknown
Reference:
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
Land Jurisdiction Issue
Case Code
Case between Ponnani Ma oonathool Islam Association et al vs K.K. Usman regarding eviction and arrears of rent
Case Code Year
Case between Ponnani Ma oonathool Islam Association et al vs K.K. Usman regarding eviction and arrears of rent