Case Summary
The plaintiff, Riyaz Ahamad, claims ownership of a property and seeks a declaration and injunction against the defendant, Subha Ravikumar, who is alleged to be interfering with the plaintiff's ownership rights. The case also includes a counter claim from the defendant.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Counter claim C schedule property owned by the counter-claim plaintiff is declared and the counter-claim defendant is directed to reconstruct it.
Case Type
Civil Suit
Final Judgment
No
The counter claim was decreed in favor of the counter-claim plaintiff, Subha Ravikumar, while the main suit was dismissed.
Key Reasoning:
The counter claim plaintiff, Subha Ravikumar, proved ownership and possession over the counter claim property and established a genuine threat of infringement.
The counter claim plaintiff, Subha Ravikumar, proved ownership and possession over the counter claim property and established a genuine threat of infringement.
Why Defendant Won:
The plaintiff, Riyaz Ahamad, suppressed material facts relating to the subject matter.
The plaintiff, Riyaz Ahamad, suppressed material facts relating to the subject matter.
Supporting Evidence
The counter-claim plaintiff has proved her title and possession over the counter-claim scheduled property by producing Ext. B1 to B3 documents. The counter-claim defendant did not adduce any evidence.
Judgment Evidence:
In the result, the suit is dismissed and counter claim decreed as follows: (i) It is hereby declared that the counter-claim C schedule property owned by the counter-claim plaintiff (Defendant). (ii) The counter-claim defendant is hereby directed to reconstruct counter-claim C schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Riyaz Ahamad
- Party Age
- 39
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Subha Ravikumar
- Party Age
- 50
- Relation
- W/o
Plaintiffs Documents
Sale deed No. 820/2007, Tax Receipt, Application under RTI Act
Defendants Documents
Prior Deed No.2579/1994, Original Sale Deed No.1100/1997, Tax Receipt
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Adv.Devarajan. G.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv.Geetha R
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Adv.Sujatha R
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Adv.Aswathy Chandran
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Refused
Description:
Declaration that the northern compound wall belongs to the plaintiff.
Evidence:
The plaintiff miserably failed to prove the allegation by convincing evidence.
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Permanent injunction against the defendant preventing interference with reconstruction.
Evidence:
Suppression of material facts was pointed out as a reason for disallowing the prayer.
Relief Type:
Declaration
Outcome:
Granted
Description:
Declaration of the counter-claim C schedule property ownership by the defendant.
Evidence:
It is hereby declared that the counter-claim C schedule property owned by the counter-claim plaintiff.
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Directions to reconstruct counter-claim C schedule property.
Evidence:
The counter-claim defendant is hereby directed to reconstruct counter-claim C schedule property.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Restraint on the counter-claim defendant from encroaching upon the counter-claim B schedule property.
Evidence:
Counter-claim defendant is hereby restrained from encroaching any portion of counter-claim B schedule property.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Notarised copy of sale deed No 820/2007 establishing ownership of plaint schedule property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt dated 27.07.2015 supporting the plaintiff's claim over the property.
Reference:
Ext.A2
Document Type:
RTI application
Submitted By:
Plaintiff
Relevance:
Application under RTI Act for information about the property.
Reference:
Ext.A3
Document Type:
RTI Reply
Submitted By:
Plaintiff
Relevance:
Reply to the RTI Act indicating some details about the property.
Reference:
Ext.A4
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Notarised copy of sale deed No. 555/1995 related to prior ownership of the plaint schedule property.
Reference:
Ext.A5
Document Type:
Prior deed
Submitted By:
Defendant
Relevance:
Prior Deed No.2579/1994 establishing the defendant’s claim on certain property.
Reference:
Ext.B1
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Original Sale Deed No.1100/1997 showing ownership of property by the defendant.
Reference:
Ext.B2
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
Tax receipt dated 04.02.2004 showing payment of land tax by the defendant.
Reference:
Ext.B3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Includes reports prepared by the advocate commissioners supporting the court's findings.
Reference:
Ext.C1 series
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
Case between Riyaz Ahamad vs Subha Ravikumar regarding declaration and injunction
Case Code Year
Case between Riyaz Ahamad vs Subha Ravikumar regarding declaration and injunction