Case Summary
Mohammed Sheffik filed a suit seeking a declaration and a permanent prohibitory injunction against Murali Menon and others regarding property ownership. The plaintiff claims to be a bona fide purchaser of the property, while the defendants assert prior claims and involvement in ongoing litigation.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the suit filed by the plaintiff, ruling that it lacked jurisdiction to entertain the case due to provisions in the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.
Key Reasoning:
The court found that the plaintiff did not hold absolute title to the property, and the suit was not maintainable under existing laws.
The court found that the plaintiff did not hold absolute title to the property, and the suit was not maintainable under existing laws.
Why Defendant Won:
The court found that the plaintiff did not hold absolute title to the property, and the suit was not maintainable under existing laws.
The court found that the plaintiff did not hold absolute title to the property, and the suit was not maintainable under existing laws.
Supporting Evidence
The court ruled that the plaintiff purchased the property from someone who lacked sufficient title and was aware of the ongoing disputes.
Judgment Evidence:
In the result, the suit is dismissed with costs to the 3rd defendant.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Mohammed Sheffik
- Party Age
- 42
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Murali Menon
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Jacob
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Bank of India
- Party Role
- Defendant
- Party Name
- Sabu Raphel
- Relation
- S/o
Plaintiffs Documents
Certified copy of Sale Deed No 1470/1/12, Thandaper Account No 19097, Encumbrance Certificate No 3171/16, Postal Receipt, Property Tax Receipt No 11202109579, Loan amount paid Receipt in Sundaram BNP Paribas Home Finance.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Maitheen M Pareeth
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- M/s. Cherian Kurian, C A Jojo, Mathews Joseph, and A Sindhu
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- V S Suresh
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Refused
Description:
Plaintiff sought a declaration that Sale deed bearing No. 1470/2012 of Perumbavur SRO is valid.
Evidence:
In view of the finding on point No. 1, the other points will not arise for consideration.
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Plaintiff sought a decree of permanent prohibitory injunction to restrain defendants from trespassing into the property.
Evidence:
In view of the finding on point No. 1, the other points will not arise for consideration.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
The plaintiff purchased the plaint schedule property as per Sale deed No 1470/2012.
Reference:
Ext.A1
Document Type:
Thandaper Register
Submitted By:
Plaintiff
Relevance:
Certified copy of Thandaper Register belonging to the plaintiff.
Reference:
Ext.A2
Document Type:
Encumbrance certificate
Submitted By:
Plaintiff
Relevance:
Encumbrance certificate showing pending DRT proceedings against the plaint schedule property.
Reference:
Ext.A3
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Office copy of Lawyer Notice issued by the plaintiff to the Defendants 2 and 3.
Reference:
Ext.A4
Document Type:
Municipal Tax Receipt
Submitted By:
Plaintiff
Relevance:
Municipal Tax receipts demonstrating tax payments on the plaint schedule property.
Reference:
Ext.A5
Document Type:
Loan Receipt
Submitted By:
Plaintiff
Relevance:
Receipt issued by Sundaram BNP Paribas Home Finance regarding loan payment.
Reference:
Ext.A6
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt issued by the Village Officer for land tax payments.
Reference:
Ext.A7
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Kolenchery
Common Reasons
Fraudulent transfer
Case Code
Case between Mohammed Sheffik vs Murali Menon et al regarding declaration and Permanent Prohibitory Injunction
Case Code Year
Case between Mohammed Sheffik vs Murali Menon et al regarding declaration and Permanent Prohibitory Injunction
Case Flags
Adalath Resolved