Case Summary
The plaintiff, Najuma Beevi, claims ownership and possession over property due to Kudikidappu rights, against her brother Kabeer M and his wife Shamila N, who are avoiding vacating the premises. The defendants were set exparte following their failure to appear in court.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to recover possession over the plaint schedule property and defendants are restrained from committing any waste.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, granting her absolute right over the property and directing the defendants to vacate. Additionally, the court issued a permanent injunction against the defendants.
Why Plaintiff Won:
The plaintiff established her case warranting the grant of relief sought for based on uncontroverted testimony and exhibits.
The plaintiff established her case warranting the grant of relief sought for based on uncontroverted testimony and exhibits.
Losing Side's Weaknesses:
The plaintiff established her case warranting the grant of relief sought for based on uncontroverted testimony and exhibits.
The plaintiff established her case warranting the grant of relief sought for based on uncontroverted testimony and exhibits.
Supporting Evidence
From the uncontroverted testimony of PW1 and Ext.A1 to A3 documents, the plaintiff had established her case warranting the grant of relief sought for.
Judgment Evidence:
In the result, the suit decreed with costs as follows: It is hereby declared that the plaintiff is the absolute right, possession and enjoyment over the plaint schedule property. Let the plaintiff be entitled to recover possession over the plaint schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Najuma Beevi
- Party Age
- 50
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Kabeer M
- Party Age
- 56
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Shamila N
- Party Age
- 48
- Relation
- W/o
Plaintiffs Documents
Original Land Tax Receipt, Original Property Tax Receipt, Original Kudikidappu certificate
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. A Nazeer
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Declaration that the plaintiff is the absolute right, possession and enjoyment over the plaint schedule property.
Evidence:
It is hereby declared that the plaintiff is the absolute right, possession and enjoyment over the plaint schedule property comprised in Old survey No.1912/1(new survey No.204) block No.158 of Sasthamangalam Village.
Relief Type:
Possession
Outcome:
Granted
Description:
Plaintiff entitled to recover possession over the plaint schedule property.
Evidence:
Let the plaintiff be entitled to recover possession over the plaint schedule property.
Relief Type:
Eviction
Outcome:
Granted
Description:
Defendants directed to vacate the plaint schedule property.
Evidence:
The defendants are hereby directed to vacate the plaint schedule property within three months from the date of judgment.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants restrained from committing any waste in the plaint schedule property.
Evidence:
Let the defendants be restrained by a decree of permanent prohibitory injunction from committing any waste in the plaint schedule property.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff entitled to realize the cost of the suit from the defendants.
Evidence:
Let the plaintiff be entitled to realize the cost of the suit from the defendants and their assets.
Documents & Evidence
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Original Land Tax Receipt supports the plaintiff's claim of possession and tax payments.
Reference:
Ext.A1
Document Type:
Property Tax Receipt
Submitted By:
Plaintiff
Relevance:
Original Property Tax Receipt supports the plaintiff's claim of possession and tax payments.
Reference:
Ext.A2
Document Type:
Kudikidappu Certificate
Submitted By:
Plaintiff
Relevance:
Original Kudikidappu certificate establishes the plaintiff's right to the property.
Reference:
Ext.A3
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
Case between Najuma Beevi vs Kabeer M et al regarding declaration, eviction, injunction and other consequential reliefs
Case Code Year
Case between Najuma Beevi vs Kabeer M et al regarding declaration, eviction, injunction and other consequential reliefs