Case Summary
The plaintiff, Ahammed koya S.V., seeks declaration and recovery of possession of property claimed to be his late mother's. The defendants, Bichu and others, contest this claim, asserting rights over the property based on a gift from the plaintiff's mother.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The suit was dismissed because the court found that the defendants had validly received the property as a gift from the plaintiff's mother. Hence, the plaintiff is not entitled to the declaration and recovery of possession.
Key Reasoning:
The court ruled that the defendants had established ownership of the property through a valid Hiba from the plaintiff's mother.
The court ruled that the defendants had established ownership of the property through a valid Hiba from the plaintiff's mother.
Why Defendant Won:
The court ruled that the defendants had established ownership of the property through a valid Hiba from the plaintiff's mother.
The court ruled that the defendants had established ownership of the property through a valid Hiba from the plaintiff's mother.
Supporting Evidence
The essentials of a valid gift are satisfied and the defendants have got right and possession over the plaint schedule property by virtue of Hiba.
Judgment Evidence:
In the result, the suit is dismissed. Parties are directed to bear their respective costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Ahammed koya S.V.
- Party Age
- 62
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Bichu
- Party Age
- 60
- Relation
- W/o (late)
- Party Role
- Defendant
- Party Name
- Lubeena
- Party Age
- 33
- Relation
- D/o (late)
- Party Role
- Defendant
- Party Name
- Shabna
- Party Age
- 31
- Relation
- D/o (late)
- Party Role
- Defendant
- Party Name
- Harfina
- Party Age
- 25
- Relation
- D/o (late)
- Party Role
- Defendant
- Party Name
- Asbana
- Party Age
- 30
- Relation
- D/o (late)
Plaintiffs Documents
Certified copy of Kanam assignment deed No.1496/1985, Certified copy of Kanam assignment deed No.2001/1993, Death certificate of Beevi, Death certificate of Muhammedali.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.N.V.P Rafeeque
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt.Neethu Sathyan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Refused
Description:
Plaintiff sought a declaration of ownership over the plaint schedule properties.
Evidence:
the plaintiff is not entitled to get declaration as sought for
Relief Type:
Recovery
Outcome:
Refused
Description:
Plaintiff sought recovery of possession of the plaint schedule properties.
Evidence:
he is not entitled to get recovery of possession of plaint schedule property
Documents & Evidence
Document Type:
Kanam Assignment Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the Kanam assignment deed showing ownership of plaint A schedule property.
Reference:
Ext.A1
Document Type:
Kanam Assignment Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the Kanam assignment deed showing ownership of plaint B schedule property.
Reference:
Ext.A2
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Death certificate of the plaintiff's mother, confirming her death.
Reference:
Ext.A3
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Death certificate of the plaintiff's brother, confirming his death.
Reference:
Ext.A4
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Recovery of Possession
Case Code
Case between Ahammed koya S.V. vs Bichu et al regarding declaration and recovery of possession.
Case Code Year
Case between Ahammed koya S.V. vs Bichu et al regarding declaration and recovery of possession.