Case Summary
Sulaikha is the plaintiff claiming ownership over a property originally owned by Kadiyarakath Abullakutty Haji. The defendants, Kadeeja Umma and others, have admitted the plaint claim through their written statement.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent injunction against the defendants from trespassing into the property.
Case Type
Original Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, declaring her right and title over the property and restraining the defendants from trespassing.
Why Plaintiff Won:
The defendants admitted the plaint claim in their written statement, providing grounds for a judgment on admission.
The defendants admitted the plaint claim in their written statement, providing grounds for a judgment on admission.
Losing Side's Weaknesses:
The defendants admitted the plaint claim in their written statement, providing grounds for a judgment on admission.
The defendants admitted the plaint claim in their written statement, providing grounds for a judgment on admission.
Supporting Evidence
Since the defendants had admitted the plaint claim in the written statement, I am of the view that suit can be decreed on admission.
Judgment Evidence:
In the result, the suit is decreed as follows: 1 It is declared that the plaintiff has right and title over the plaint schedule property by virtue of Document No. 2678/2015 of SRO Tanur.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sulaikha
- Party Age
- 44
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Kadeeja Umma
- Party Age
- 63
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Abdul Hameed
- Party Age
- 46
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Fathima Suhara
- Party Age
- 44
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Ismail
- Party Age
- 42
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sulaikha
- Party Age
- 40
- Relation
- D/o
Plaintiffs Documents
Jenm Assignment Deed Doc. No.2678/2015, Tax Receipt.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. M.P.Hussain
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.I.P.Shajith
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
It is declared that the plaintiff has right and title over the plaint schedule property by virtue of Document No. 2678/2015 of SRO Tanur.
Evidence:
It is declared that the plaintiff has right and title over the plaint schedule property by virtue of Document No. 2678/2015 of SRO Tanur.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendants are restrained by way of perpetual prohibitory injunction, from trespassing into the plaint schedule property.
Evidence:
The defendants are restrained by way of perpetual prohibitory injunction, from trespassing into the plaint schedule property and also from interfering with the peaceable enjoyment and possession of the plaint schedule property.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to realize the costs of the suit from the defendants.
Evidence:
Plaintiff is entitled to realize the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Title deed
Submitted By:
Plaintiff
Relevance:
Plaintiff produced his title deed No. 2678/2015, which is marked as Ext A1.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Reference:
Ext.A2
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
Declaration of title
Case Code
Case between Sulaikha vs Kadeeja Umma et al regarding declaration and injunction
Case Code Year
Case between Sulaikha vs Kadeeja Umma et al regarding declaration and injunction