Case Summary
Shiras Majeed filed a suit against Arun.R and Ajayakumar for recovery of possession of a house and property that he claims belongs to him. The defendants resided in the property without his consent, prompting the plaintiff to seek legal eviction.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants are directed to vacate the property and the plaintiff is entitled to realize the cost of the suit from the defendants.
Case Type
Civil Suit
Final Judgment
No
The court granted the plaintiff's request for recovery of possession of the property and ordered the defendants to vacate within a month. If they fail to comply, the plaintiff can seek eviction through legal means.
Why Plaintiff Won:
The plaintiff established lawful ownership of the property and the defendants occupied it without permission.
The plaintiff established lawful ownership of the property and the defendants occupied it without permission.
Losing Side's Weaknesses:
The plaintiff established lawful ownership of the property and the defendants occupied it without permission.
The plaintiff established lawful ownership of the property and the defendants occupied it without permission.
Supporting Evidence
Upon careful consideration of the pleadings and evidence on record, it is established that the plaintiff is the lawful owner of the plaint schedule property bearing TC 70/1733(4) and TC 22/588/5 (New TC 70/1733(5)).
Judgment Evidence:
In the result; (a) The defendants 1 and 2 are directed to vacate from the house bearing TC No.22/588(4) (New TC No. 70/1733(4)) and TC No.22/588(5) (New TC No. 70/1733(5)) situated in the plaint schedule property within one month from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Shiras Majeed
- Party Age
- 40
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Arun.R
- Party Age
- 35
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Ajayakumar
- Party Age
- 40
- Relation
- S/o
Plaintiffs Documents
Certified Copy of Power of Attorney, Certified Copy of Settlement Deed No. 1519/2016, Basic Tax Receipt, Building Tax receipt
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Radhakrishnan K Pezhummoodu
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
The plaintiff sought recovery of possession of the plaint schedule property.
Evidence:
The plaintiff is entitled to get the reliefs as prayed for against the defendants.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize the cost of the suit from the defendants.
Evidence:
The plaintiff is entitled to realize the cost of the suit from the defendants 1 and 2 and their assets.
Documents & Evidence
Document Type:
Certified Copy of Power of Attorney
Submitted By:
Plaintiff
Relevance:
This document was presented to affirm the authority of the plaintiff's agent in the lawsuit.
Reference:
Ext.A1
Document Type:
Certified Copy of Settlement Deed
Submitted By:
Plaintiff
Relevance:
This document establishes the plaintiff's ownership of the plaint schedule property.
Reference:
Ext.A2
Document Type:
Basic Tax Receipt
Submitted By:
Plaintiff
Relevance:
This receipt demonstrates the plaintiff's maintenance of property tax payments for the plaint schedule property.
Reference:
Ext.A3
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
This receipt confirms tax payments related to the building located on the plaint schedule property.
Reference:
Ext.A4
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
This receipt is another record of tax payments for a building on the plaint schedule property.
Reference:
Ext.A4(a)
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
OS.NO.
Case Code Year
2023