ORIGINAL SUIT No.77/2021

Case between Baithuzzzakath Kerala et al vs Abdul Hameed @ Hameed Karad regarding defamation.

Court

COURT OF THE PRINCIPAL MUNSIFF – I, KOZHIKODE

Judge

Sri. Vivek P.

Order Date

2025-03-28

Duration

Case Closed

Judgement document from eCourt website

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Case Summary

The plaintiffs include Baithuzzzakath Kerala, a charitable trust, and its Secretary, Mr. Sadiqu.K. The defendant, Abdul Hameed, is accused of publishing defamatory statements against the plaintiffs on social media, resulting in reputational damage and financial loss.

Judgment Outcome

Defendant Won

Interim Order

The court found that the suit filed by the plaintiffs was not maintainable as the first plaintiff, a trust, could not sue directly. Therefore, the suit was dismissed without costs.

Judgment Favored

Defendant

Relief Granted

Case Type

Civil Suit

Final Judgment

The court found that the suit filed by the plaintiffs was not maintainable as the first plaintiff, a trust, could not sue directly. Therefore, the suit was dismissed without costs.

Key Reasoning:
The plaintiffs lacked the legal standing necessary to initiate the suit as the trust is not a legal entity.

Why Defendant Won:
The plaintiffs lacked the legal standing necessary to initiate the suit as the trust is not a legal entity.

Supporting Evidence

It is settled that a Trust is not a legal entity. The plaintiffs lack the necessary locus standi to bring this suit.

Judgment Evidence:

In the result, the suit is dismissed without costs.

Parties Involved

Parties

Party Role: Plaintiff
Party Name: Baithuzzzakath Kerala
Relation: Represented by

Party Role: Plaintiff
Party Name: Mr.Sadiq.K
Party Age: 40
Relation: S/o

Party Role: Defendant
Party Name: Abdul Hameed @ Hameed Karad
Relation: S/o

Plaintiffs Documents

Registered trust deed No.172/2010, Extract of the minutes of the board of trustee of Baithuzzakkath

Defendants Documents

Book name of ‘Chodyotharam’, Book name of ‘Haji Sahib’, Book name of ‘zakathu, Thatwavum, Prayogavum’

Advocates

Party Role: Plaintiff
Advocate Name: Sri.Ameen Hassan.K
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: Sri. Muhammed Suhaib
Appearance Type: Main Counsel

Reliefs

Relief Type: Damages

Outcome: Refused

Description:

Claim for compensation of Rs. 5 lakh for defamatory imputation against the plaintiff.

Evidence:

Hence I find that the plaintiffs are not entitled for any reliefs as prayed for.

Documents & Evidence

Document Type: Trust Deed

Submitted By: Plaintiff

Relevance:

Establishes the legal standing of the first plaintiff Trust.

Reference:

Ext.A1

Document Type: Extract of Minutes of Board of Trustees

Submitted By: Plaintiff

Relevance:

Alleges the authority of the second plaintiff to represent the first plaintiff Trust.

Reference:

Ext.A2

Document Type: Facebook Post

Submitted By: Plaintiff

Relevance:

Contains the allegedly defamatory content posted by the defendant.

Reference:

Ext.A6

Document Type: Book

Submitted By: Defendant

Relevance: