Case Summary
Jameela, the plaintiff, claims ownership of a property and seeks a declaration and injunction against Amanulla and others, who she alleges are wrongfully claiming ownership and attempting to dispossess her. The defendants assert they hold valid sale deeds for the property.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Plaintiff is directed to surrender possession of the counter-claim property to the first defendant.
Case Type
Civil Suit
Final Judgment
No
The court dismissed the suit filed by the plaintiff and partially decreed the counter-claim, ordering the plaintiff to surrender possession and restraining her from further interference with the counter-claim property.
Key Reasoning:
The defendants provided sufficient evidence of valid sale deeds and established that the plaintiff had no rightful claim over the property.
The defendants provided sufficient evidence of valid sale deeds and established that the plaintiff had no rightful claim over the property.
Why Defendant Won:
Not available
Not available
Supporting Evidence
The recitals show a conveyance of property for a price paid. Thus the definition of sale is clearly satisfied.
Judgment Evidence:
In the result, the suit is dismissed and counter-claim decreed in part as follows: (i) The counter-claim defendant/ original plaintiff is directed to surrender the vacant possession of the counter-claim schedule property to the counter-claim plaintiff/ 1st defendant.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Jameela
- Party Age
- 44
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Amanulla
- Party Age
- 37
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Lailamma T.J
- Party Age
- 47
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Torline Thomas
- Party Age
- 24
- Relation
- S/o
Plaintiffs Documents
Settlement deeds Nos. 4986/2000 and 315/2008, Sale deed No. 932/2010
Defendants Documents
Sale deed No. 1453/2015, Sale deed No. 1454/2015, Agreement for sale dated 27.12.2014
Advocates
- Party Role
- Plaintiff
- Advocate Name
- I. Stevenson
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Prasanth S R
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- V.Jyothisagar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Counter-claim plaintiffs are entitled to a perpetual injunction against the counter-claim defendant.
Evidence:
The counter-claim plaintiffs had established that there is a potential threat against them and that the counter-claim defendant is under a legal obligation to not to disturb the counter-claim plaintiff.
Relief Type:
Recovery
Outcome:
Granted
Description:
The original plaintiff is directed to surrender possession of the counter-claim schedule property.
Evidence:
The counter-claim defendant/original plaintiff is directed to surrender the vacant possession of the counter-claim schedule property to the counter-claim plaintiff.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed No.1453/2015 under which the property was claimed.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed No.1454/2015 executed in favor of Lailamma and Torlin Thomas.
Reference:
Ext.A2
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of settlement deed No.4986/2000 executed in favor of Jameela by her parents.
Reference:
Ext.A3
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of settlement deed No.315/2008 executed in favor of Jameela by her parents.
Reference:
Ext.A4
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Original Agreement executed regarding the property and loan.
Reference:
Ext.A5
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt for property tax payments made by the plaintiff.
Reference:
Ext.A6
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt for property tax payments made by the plaintiff.
Reference:
Ext.A6(a)
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Photocopy of the death certificate of Joseph.
Reference:
Ext.A7
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed No.932/2010 executed in favor of Jameela.
Reference:
Ext.A8
Document Type:
Agreement
Submitted By:
Defendant
Relevance:
Original Agreement regarding property transaction dated 27.12.2004.
Reference:
Ext.B1
Document Type:
FIR
Submitted By:
Defendant
Relevance:
Copy of FIR in Crime No.737/15 of Kundara P.S.
Reference:
Ext.B2
Document Type:
Inquest Report
Submitted By:
Defendant
Relevance:
Inquest report related to the death incident.
Reference:
Ext.B3
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Original Sale Deed No.1453/2015 detailing property transaction.
Reference:
Ext.B4
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
Tax receipt issued for land tax related to the property.
Reference:
Ext.B5
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Certified copy of sale deed No.1454/2015 executed in favor of counter-claim defendants.
Reference:
Ext.B6
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
Tax receipt for property tax payments made by counter-claim plaintiffs.
Reference:
Ext.B7
Document Type:
Bank Passbook
Submitted By:
Defendant
Relevance:
Original Bank Passbook of Torlin Thomas.
Reference:
Ext.B8
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Original Sale Deed No.932/2010 relevant to the property in dispute.
Reference:
Ext.B9
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report prepared by Adv.Dhanya Vikraman N.
Reference:
Ext.C1
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Non-payment of rent
Case Code
Case between Jameela vs Amanulla et al regarding declaration and injunction
Case Code Year
Case between Jameela vs Amanulla et al regarding declaration and injunction