Case Summary
M. Abubacker is the petitioner seeking to appoint an Advocate Commissioner to investigate a rent-related petition. V.M. Mohan, the counter petitioner, argues that the case is being prolonged and the court should dismiss the petition.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Rent Control Petition
Final Judgment
No
The court dismissed the petition filed by M. Abubacker, stating it was not maintainable and the counter petitioner was not cooperating. No costs were ordered.
Key Reasoning:
The petition was found to be prolonging the case and not maintainable.
The petition was found to be prolonging the case and not maintainable.
Why Defendant Won:
The petition was found to be prolonging the case and not maintainable.
The petition was found to be prolonging the case and not maintainable.
Supporting Evidence
Considering the rival contentions raised by both sides, I am of the view that for proving of photographs produced by the defendant, the burden is upon the produced it. The petition is not liable to be allowed.
Judgment Evidence:
In the result, the petition is dismissed. No order as to costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M. Abubacker
- Party Age
- 86
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- V.M. Mohan
- Party Age
- 60
- Relation
- S/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Rajaprathap. S.J
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. S. Laila
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Rejected
Description:
The petition to appoint an Advocate Commissioner was dismissed.
Evidence:
Considering the rival contentions raised by both sides, I am of the view that for proving of photographs produced by the defendant, the burden is upon the produced it.
Documents & Evidence
Document Type:
Commission Report
Submitted By:
Court
Relevance:
The report prepared by the Advocate Commissioner was accepted in evidence regarding the matters sought to be ascertained.
Reference:
Ext.C1
Document Type:
Photographs
Submitted By:
Defendant
Relevance:
The photographs produced by the defendant were to ascertain the petition schedule building.
Reference:
Ext.B1 series
Case Classification
Case Type
Rent Control Petition
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
R.C.P.NO.
Case Code Year
2019