Case Summary
The plaintiffs, led by Saffiya. A, claim absolute ownership and possession of a property they inherited from their predecessor, Palappetty Mohamedkutty. They seek a declaration of their rights and an injunction against the defendants, who contest the plaintiffs' ownership and have allegedly obstructed their enjoyment of the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Perpetual prohibitory injunction against the defendants from interfering with the plaintiffs' possession.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiffs by declaring their absolute property rights over the plaint schedule property and restraining the defendants from interfering with the plaintiffs' possession. The defendants are also ordered to pay the costs of the suit.
Why Plaintiff Won:
The plaintiffs provided credible evidence of their ownership and peaceful possession over the property for more than 30 years.
The plaintiffs provided credible evidence of their ownership and peaceful possession over the property for more than 30 years.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The plaintiffs have adduced cogent and reliable evidence to prove her case. Hence the plaintiffs are entitled to get a decree as prayed for.
Judgment Evidence:
In the result, the suit is decreed as follows: It is hereby declare that the plaintiffs are having absolute jenm right and valid possession over the plaint A schedule property. The defendants are hereby restrained by a perpetual prohibitory injunction from interfering with the peaceful possession and enjoyment of the plaintiffs in plaint A schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Saffiya. A
- Party Age
- 78
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Rasia
- Party Age
- 53
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Rahiya
- Party Age
- 48
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Firoz
- Party Age
- 45
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Rajula
- Party Age
- 42
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Saifudheen
- Party Age
- 55
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Abdu Rahiman
- Party Age
- 45
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Abdul Azeez
- Party Age
- 50
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Hyderali
- Party Age
- 58
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Abdul Khader
- Party Age
- 58
- Relation
- S/o
Plaintiffs Documents
Partition Deed No. 3150/1993, Purchase certificate, Certified copy of final decree in IA.1653/1969 in OS. 353/1965.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. M.A.M. Rafeek
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Neethu.P.T
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Mohamed Ashraf
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Plaintiffs are declared to have absolute jenm right and valid possession over the plaint A schedule property.
Evidence:
It is hereby declare that the plaintiffs are having absolute jenm right and valid possession over the plaint A schedule property.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants are restrained by a perpetual prohibitory injunction from interfering with the peaceful possession and enjoyment of the plaintiffs.
Evidence:
The defendants are hereby restrained by a perpetual prohibitory injunction from interfering with the peaceful possession and enjoyment of the plaintiffs in plaint A schedule property.
Relief Type:
Costs
Outcome:
Granted
Description:
Defendants are directed to pay the costs of the suit.
Evidence:
Defendants are hereby directed to pay costs of the suit.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
This document establishes the plaintiffs' claim of absolute jenm right and valid possession over the plaint A schedule property.
Reference:
Ext.A1
Document Type:
Purchase Certificate
Submitted By:
Plaintiff
Relevance:
This document is a conclusive proof which legally prescribes absolute jenm right to Palappetty Mohamedkutty.
Reference:
Ext.A2
Document Type:
Certified copy of Final decree
Submitted By:
Plaintiff
Relevance:
This document supports the plaintiffs' historical claim to the property by showing the outcome of previous partition proceedings.
Reference:
Ext.A4
Document Type:
Kanam Assignment Deed
Submitted By:
Plaintiff
Relevance:
This document is part of the evidence showing the assignment of property rights to the predecessor of the plaintiffs.
Reference:
Ext.A7
Document Type:
Oral Evidence
Submitted By:
Plaintiff
Relevance:
The oral evidence presented by the plaintiffs was deemed cogent and reliable to support their claim.
Reference:
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Saffiya. A et al vs Saifudheen et al regarding declaration and injunction.
Case Code Year
Case between Saffiya. A et al vs Saifudheen et al regarding declaration and injunction.