Case Summary
A.K. Naseer is the plaintiff seeking declaration of title and a permanent injunction against Jamal Sha. The dispute arises over possession and ownership of certain properties in Edava village.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against the defendant.
Case Type
Civil Suit
Final Judgment
No
The court declared A.K. Naseer as the absolute owner of the property and restrained Jamal Sha from trespassing and committing any waste on the property.
Why Plaintiff Won:
The plaintiff proved ownership and possession of the property through relevant documents and evidence.
The plaintiff proved ownership and possession of the property through relevant documents and evidence.
Losing Side's Weaknesses:
The plaintiff proved ownership and possession of the property through relevant documents and evidence.
The plaintiff proved ownership and possession of the property through relevant documents and evidence.
Supporting Evidence
Judgment Evidence:
In the result, the suit is decreed as follows:- 1. It's hereby declared that the plaintiff is the absolute owner and in possession of plaint schedule property. 2. The defendant is restrained by way of a permanent prohibitory injunction from trespassing into the plaint schedule property and further restrained from committing any act of waste therein.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- A.K. Naseer
- Party Age
- 64
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Jamal Sha
- Party Age
- 58
- Relation
- S/o
Plaintiffs Documents
Certified Copy of Partition deed No. 3700/2015 of Varkala SRO, Tax receipts.
Defendants Documents
Certified Copy of Judgment in O.S. 151/2010 of Hon’ble Sub Court, Attingal, Certified copy of Partition deed No. 3282/1992 of Varkala S.R.O.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. G.R. Bilahari
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Shefin N.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. G.G. Harikrishna
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Saabir F. Haq
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Declaration of title in favor of the plaintiff over the plaint schedule property.
Evidence:
It's hereby declared that the plaintiff is the absolute owner and in possession of plaint schedule property.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent prohibition against the defendant from trespassing onto or committing waste on the plaint schedule property.
Evidence:
The defendant is restrained by way of a permanent prohibitory injunction from trespassing into the plaint schedule property and further restrained from committing any act of waste therein.
Relief Type:
Other
Outcome:
Not Decided
Description:
Costs of the suit.
Evidence:
No order as to costs.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
This document serves as proof of the plaintiff's claim to ownership and title over the plaint schedule property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
This document provides evidence that the plaintiff has been paying tax for the property, indicating ownership.
Reference:
Ext.A2
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
This certificate confirms the plaintiff's possession of the property.
Reference:
Ext.A3
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
This document also serves as evidence of the plaintiff's payment of property tax.
Reference:
Ext.A4
Document Type:
Commission Report
Submitted By:
Unknown
Relevance:
This report includes findings relevant to the disputed property.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Unknown
Relevance:
This sketch provides a visual representation related to the commission report.
Reference:
Ext.C1(a)
Document Type:
Partition Deed
Submitted By:
Defendant
Relevance:
This document is referenced by the defendant to claim ownership and relates to the partition of the property.
Reference:
Ext.B11
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiffs Court, Varkala
Common Reasons
Case Code
Case between A.K. Naseer vs Jamal Sha regarding declaration of title and consequential decree of permanent prohibitory injunction.
Case Code Year
Case between A.K. Naseer vs Jamal Sha regarding declaration of title and consequential decree of permanent prohibitory injunction.