Case Summary
The case involves the plaintiffs seeking a mandatory injunction and recovery of possession against the defendants regarding certain shop rooms and a residential building. The additional second plaintiff, who is the son of the first plaintiff, claims the defendants have been occupying the premises without proper rights.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Mandatory injunction to quit and vacate the plaint B and C schedule properties.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiffs, directing the defendants to vacate certain properties and allowing the plaintiffs to recover possession. The plaintiffs were also entitled to recover mesne profits.
Why Plaintiff Won:
The plaintiffs established their case warranting the grant of relief sought for.
The plaintiffs established their case warranting the grant of relief sought for.
Losing Side's Weaknesses:
The plaintiffs established their case warranting the grant of relief sought for.
The plaintiffs established their case warranting the grant of relief sought for.
Supporting Evidence
From the uncontroverted testimony of PW1 and Exts.A1 to A4 documents, the plaintiffs had established their case warranting the grant of relief sought for.
Judgment Evidence:
In the result, the suit decreed with costs as follows: Let the 1st defendant be directed by a decree of mandatory injunction to quit and vacate the plaint B and C schedule properties and failing which the plaintiff is entitled to realise future mesne profits at the rate of Rs.6000/- per month.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Suhara Beevi
- Party Age
- 68
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Najeev
- Party Age
- 42
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Subaida
- Party Age
- 47
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Maheen Kannu
- Party Age
- 38
Plaintiffs Documents
Certified copies of various orders and decrees related to the property.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Nizamudeen
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Hameed Nizam
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Plaintiff entitled to a decree of mandatory injunction directing the first defendant to quit and vacate plaint B and C schedule properties.
Evidence:
Let the 1st defendant be directed by a decree of mandatory injunction to quit and vacate the plaint B and C schedule properties...
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff entitled to evict and recover possession of plaint schedule properties from the defendants.
Evidence:
Let the plaintiffs be entitled to evict and recover possession of plaint schedule properties from the defendants.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff entitled to realize future mesne profits at the rate of Rs.6000/- per month.
Evidence:
failing which the plaintiff is entitled to realise future mesne profits at the rate of Rs.6000/- per month.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff entitled to realize the cost of the suit from the defendants and their assets.
Evidence:
Let the plaintiff be entitled to realize the cost of the suit from the defendants 1 and 2 and their assets.
Documents & Evidence
Document Type:
Certified copy of decree
Submitted By:
Plaintiff
Relevance:
Used to establish ownership and prior court orders relevant to the case.
Reference:
Ext.A1
Document Type:
Certified copy of Order
Submitted By:
Plaintiff
Relevance:
Used to support claims regarding prior tenant issues and rental agreements.
Reference:
Ext.A2
Document Type:
Certified copy of Order
Submitted By:
Plaintiff
Relevance:
Referenced as part of the plaintiff's case establishing claims over the property.
Reference:
Ext.A3
Document Type:
Certified copy of Order
Submitted By:
Plaintiff
Relevance:
Demonstrated prior legal context affecting the current claims.
Reference:
Ext.A4
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
Case between Suhara Beevi et al vs Subaida et al regarding mandatory injunction and recovery of possession.
Case Code Year
Case between Suhara Beevi et al vs Subaida et al regarding mandatory injunction and recovery of possession.