Case Summary
A.K. Naseer is the plaintiff claiming ownership of property in Edava village. The defendant, Jamal Sha, has allegedly attempted to trespass on the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction
Case Type
Civil Suit
Final Judgment
No
The court declared A.K. Naseer as the absolute owner of the property and issued a permanent injunction against Jamal Sha from trespassing.
Why Plaintiff Won:
The plaintiff provided sufficient evidence of ownership and possession of the property.
The plaintiff provided sufficient evidence of ownership and possession of the property.
Losing Side's Weaknesses:
The plaintiff provided sufficient evidence of ownership and possession of the property.
The plaintiff provided sufficient evidence of ownership and possession of the property.
Supporting Evidence
The plaintiff has been possessing and enjoying the plaint schedule property as its absolute owner and has produced tax receipts and other documents confirming ownership.
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, Tax Receipt No. 0488621, Possession Certificate No. 1877/2023, Tax Receipt No. KL01060407186/2023.
Defendants Documents
Certified Copy of Judgment in O.S. 151/2010, Certified Copy of Gift deed No. 3282/1992.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. G.R. Bilahari
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Shefin N.
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. G.G. Harikrishna
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Saabir F. Haq
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Declaration of title over the plaint schedule property in favor of the plaintiff.
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 prohibitory injunction against the defendant from trespassing into 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.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Proves the ownership of the plaintiff over the plaint schedule property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Demonstrates that the plaintiff has been remitting tax for the property.
Reference:
Ext.A2
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
Confirms the possession of the plaint schedule property by the plaintiff.
Reference:
Ext.A3
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Indicates continued remittance of tax by the plaintiff for the property.
Reference:
Ext.A4
Document Type:
Judgment
Submitted By:
Unknown
Relevance:
Court ordered report and sketch relevant to the case.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Unknown
Relevance:
Visual documentation prepared by the Advocate Commissioner.
Reference:
Ext.C1(a)
Document Type:
Partition Deed
Submitted By:
Defendant
Relevance:
Contests the plaintiff's claim to the ownership of the plaint schedule property.
Reference:
Ext.B11
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
Shows tax payment relevant to the property by the defendant.
Reference:
Ext.B40
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
Shows tax payment relevant to the property by the defendant.
Reference:
Ext.B41
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
Shows tax payment relevant to the property by the defendant.
Reference:
Ext.B42
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 injunction
Case Code Year
Case between A.K. Naseer vs Jamal Sha regarding declaration of title and injunction