Case Summary
Vimalamma is the plaintiff claiming ownership and possession of her property, while Sabeena Beevi and others are defendants contesting the claim. The case involves a dispute over boundary encroachment and property possession.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the suit filed by Vimalamma, ruling in favor of the defendants who successfully proved their property claims. The plaintiff's actions were deemed unsubstantiated.
Key Reasoning:
The defendants established that they did not encroach upon the plaintiff's property and had valid title to their claims.
The defendants established that they did not encroach upon the plaintiff's property and had valid title to their claims.
Why Defendant Won:
Not available
Not available
Supporting Evidence
The court found that the plaintiff failed to establish her claim and that the defendants had demonstrated their legal ownership of the disputed property.
Judgment Evidence:
In the result, the suit is dismissed with costs to the defendants.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Vimalamma
- Party Age
- 50
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Sabeena Beevi
- Party Age
- 40
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Razaak
- Party Age
- 45
- Party Role
- Defendant
- Party Name
- Mubeeda
- Party Age
- 40
Plaintiffs Documents
Sale deed No. 860/1988, Certificate issued by Village Officer, Tax Receipts, Possession Certificate.
Defendants Documents
Sale Deed No. 3152/2005, Tax receipts, Sale Deed No. 2672/1999.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- S.Sujan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- A Thajudeen
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Refused
Description:
The plaintiff requested recovery of possession of the plaint A schedule property.
Evidence:
The plaintiff miserably failed to establish cause of action against the defendants.
Relief Type:
Mandatory Injunction
Outcome:
Refused
Description:
The plaintiff sought a mandatory injunction to prevent encroachment.
Evidence:
The issues found against the plaintiff.
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
The plaintiff sought a permanent prohibitory injunction.
Evidence:
The issues found against the plaintiff.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
The document establishes the plaintiff's title and possession of the plaint A schedule property.
Reference:
Ext.A1
Document Type:
Certificate
Submitted By:
Plaintiff
Relevance:
This certificate states that the plaintiff's husband had deserted her for the past 15 years.
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
These receipts confirm the plaintiff's payment of land tax for the plaint A schedule property.
Reference:
Ext.A3 series
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
This certificate proves the plaintiff's possession of the plaint A schedule property.
Reference:
Ext.A4
Document Type:
Location Sketch
Submitted By:
Plaintiff
Relevance:
This sketch indicates the location of the plaint A schedule property.
Reference:
Ext.A5
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
This deed establishes the title of the 1st defendant over the plaint B schedule property.
Reference:
Ext.B1
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
This receipt proves the 1st defendant's payment of land tax for the plaint B schedule property.
Reference:
Ext.B2
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
This deed establishes the title of the 3rd defendant over the plaint C schedule property.
Reference:
Ext.B3
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
This receipt proves the 3rd defendant's payment of land tax for the plaint C schedule property.
Reference:
Ext.B4
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This report indicates the boundaries and confirms there was no encroachment.
Reference:
Ext.C1 series
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
Case between Vimalamma vs Sabeena Beevi et al regarding recovery of possession and mandatory injunction.
Case Code Year
Case between Vimalamma vs Sabeena Beevi et al regarding recovery of possession and mandatory injunction.