Case Summary
The case involves Abida Beevi, the decree holder, and Muhammed Saleel, the judgment debtor. The execution petition was filed to establish ownership rights over a shop room, but the court concluded that the judgment debtor had the absolute possession and the decree holder had no legal right to claim possession.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Execution Petition
Final Judgment
No
The execution petition was dismissed as the court found that the decree holder had no legal right to claim possession of the property from the judgment debtor.
Key Reasoning:
The court determined that there was no valid decree to evict the judgment debtor, who had absolute possession.
The court determined that there was no valid decree to evict the judgment debtor, who had absolute possession.
Why Defendant Won:
Not available
Not available
Supporting Evidence
The decree holder has no legal right to claim possession of the property through the current decree.
Judgment Evidence:
Hence, the EP is dismissed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Abida Beevi
- Party Age
- 65
- Relation
- W/o Late Basheer
- Party Role
- Defendant
- Party Name
- Muhammed Saleel
- Party Age
- 55
- Relation
- S/o Thaha Kutty
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- U.Ullas Kumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- V.Vinayachandran
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Refused
Description:
The decree holder sought to establish his otty right over the B schedule shop room and to possess and use it with absolute ownership.
Evidence:
The relief sought in this EP by the decree holder is "counterclaim decree പ്രകാരം counterclaim അവകാശ കക്ഷിക്ക് അസ്സല് കൂടുതല് 8-ാം പ്രതിക്ക് ബി പട്ടിക കട മുറിയിലെ ഒറ്റി അവകാശം स्थापി
Documents & Evidence
Case Classification
Case Type
Execution Petition
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
Case between Abida Beevi vs Muhammed Saleel regarding execution of decree
Case Code Year
Case between Abida Beevi vs Muhammed Saleel regarding execution of decree