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
The suit was dismissed as plaintiff failed to prove title over the disputed property.
Key Reasoning:
The plaintiff failed to prove title over the property in dispute.
The plaintiff failed to prove title over the property in dispute.
Why Defendant Won:
Not available
Not available
Supporting Evidence
Judgment Evidence:
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Suhara
- Party Age
- 32
- Relation
- D/o Thonikkadavath Hamza Haji, W/o Kunnathedath Thettammal Kamarudheen
- Party Role
- Plaintiff
- Party Name
- Kunnthedath Thettammal Najeemudheen
- Party Age
- 40
- Relation
- Power of Attorney holder
- Party Role
- Defendant
- Party Name
- Ameer Faizal
- Party Age
- 41
- Party Role
- Defendant
- Party Name
- Abdul Kalam
- Party Age
- 47
- Relation
- Tharammal Parambil Hamza's child
- Party Role
- Defendant
- Party Name
- Muhammed Kassim
- Party Age
- 45
- Relation
- Tharammal Parambil Hamza's child
- Party Role
- Defendant
- Party Name
- Muhammed Rafeekh
- Party Age
- 38
- Relation
- Tharammal Parambil Hamza's child
- Party Role
- Defendant
- Party Name
- Firoz
- Party Age
- 35
Plaintiffs Documents
Jenm Assignment deed No. 2774/1978, Jenm Assignment deed No. 60/2010, Copy of Complaint to SI, Tirur dated 20-1-2014, Copy of Assignment deed No. 1869/69, Copy of Partition Deed No. 1510/05
Defendants Documents
Advocates
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
Case Classification
Case Type
Original Suit
Category
Property and Possession Disputes
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Boundary Dispute
Case Code
Case between Suhara vs Ameer Faizal et al regarding fixation of boundary, mandatory injunction, and recovery of possession
Case Code Year
Case between Suhara vs Ameer Faizal et al regarding fixation of boundary, mandatory injunction, and recovery of possession