Case Summary
Involves Suhara suing Ameer Faizal et al for boundary fixation, mandatory injunction, and recovery of possession. Plaintiff claims ownership of a property purchased from Abdulla, facing disputes over boundaries and rights of way.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Original Suit
Final Judgment
No
Key Reasoning:
The plaintiff failed to prove title over the property in dispute.
The plaintiff failed to prove title over the property in dispute.
Judgment Evidence:
Parties Involved
Plaintiffs
Suhara (32 years years)
Porur Desom, Post Pookkayil Bazar, Tirur Taluk
Kunnthedath Thettammal Najeemudheen (40 years years)
Porur Desom, Post Pookkayil Bazar, Tirur Taluk
Defendants
Ameer Faizal (41 years years)
Porur Desom, Post Pookkayil Bazar, Tirur Taluk
Abdul Kalam (47 years years)
Tirur Amsom, Porur Desom, Tirur Taluk
Muhammed Kassim (45 years years)
Tirur Amsom, Porur Desom, Tirur Taluk
Muhammed Rafeekh (38 years years)
Tirur Amsom, Porur Desom, Tirur Taluk
Firoz (35 years years)
Tirur Amsom, Porur Desom, Tirur Taluk
Reliefs
Relief Type:
Fixation of Boundary
Outcome:
Refused
Description:
Plaintiff's claim for fixing the boundary of the property
Evidence:
Court found insufficient evidence to support boundary fixation
Relief Type:
Mandatory Injunction
Outcome:
Refused
Description:
Plaintiff's plea for a mandatory injunction to demolish defendant's wall
Evidence:
Insufficient evidence provided by plaintiff to support the injunction
Relief Type:
Recovery of Possession
Outcome:
Refused
Description:
Plaintiff's request for recovery of possession of property
Evidence:
Defendant's possession was deemed legal based on evidence presented
Documents & Evidence
Document Type:
Jenm Assignment Deed
Submitted By:
Plaintiff
Relevance:
Document showing transfer of property from Abdulla to plaintiff's mother-in-law
Reference:
Ext.A1
Document Type:
Jenm Assignment Deed
Submitted By:
Plaintiff
Relevance:
Document showing transfer of property to plaintiff
Reference:
Ext.A2
Document Type:
Complaint Copy
Submitted By:
Plaintiff
Relevance:
Copy of complaint to SI regarding construction of compound wall by defendant
Reference:
Ext.A3
Document Type:
Assignment Deed
Submitted By:
Plaintiff
Relevance:
Copy of the assignment deed related to the property
Reference:
Ext.A4
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Copy of partition deed related to the property
Reference:
Ext.A5
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Report by the advocate commissioner regarding inspection of property
Reference:
Ext.C1
Document Type:
Commission sketch
Submitted By:
Court
Relevance:
Sketch submitted by the advocate commissioner
Reference:
Ext.C2
Document Type:
Commission sketch
Submitted By:
Court
Relevance:
Sketch showing property details by the advocate commissioner
Reference:
Ext.C3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Report by advocate commissioner stating inability to identify the property
Reference:
Ext.C4
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Report by advocate commissioner regarding property details
Reference:
Ext.C5
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Report by advocate commissioner on inspection of the property
Reference:
Ext.C6