Case Summary
V.M. Abdulkhader Muhammed is the plaintiff claiming ownership of a property and disputing a loan liability claimed by Calicut North Service Co-Operative Bank. The plaintiff asserts he never availed any loan from the bank, while the bank claims he is liable for loans taken by a friend using the property as collateral.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The suit was dismissed as not maintainable due to lack of jurisdiction under relevant sections of the Kerala Co-operative Societies Act. The court found that the issues presented were not within its jurisdiction.
Key Reasoning:
The suit was found not maintainable due to the jurisdictional bar under Section 69 & 100 of the Kerala Co-operative Societies Act.
The suit was found not maintainable due to the jurisdictional bar under Section 69 & 100 of the Kerala Co-operative Societies Act.
Why Defendant Won:
The suit was found not maintainable due to the jurisdictional bar under Section 69 & 100 of the Kerala Co-operative Societies Act.
The suit was found not maintainable due to the jurisdictional bar under Section 69 & 100 of the Kerala Co-operative Societies Act.
Supporting Evidence
As I have already found that the suit is not maintainable before this court in view of Section 69 & 100 of Co-operative Societies Act, this court is of the opinion that further discussion regarding pecuniary jurisdiction is not warranted.
Judgment Evidence:
Hence it is found the suit is not maintainable before this court.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- V.M. Abdulkhader Muhammed
- Party Age
- 62
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Calicut North Service Co-Operative Bank
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- The Secretary, The Calicut North Service Co-operative Bank
Plaintiffs Documents
Jenmam Assignment Deed No.3013/1995, Lawyer notice dated 18.08.2018.
Defendants Documents
Application form for shares, Mortgage loan application forms, Tax receipts, Possession certificate, Encumbrance certificate.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P.T. Rajesh
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Bavitha V.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Rajisha O.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K.P. Gangadharan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Refused
Description:
Plaintiff sought a mandatory injunction against the defendants.
Evidence:
The suit is not maintainable before this court in view of Section 69 & 100 of Kerala Co-operative Societies Act.
Relief Type:
Prohibitory Injunction
Outcome:
Refused
Description:
Plaintiff sought a prohibitory injunction against the defendants.
Evidence:
The suit is not maintainable before this court in view of Section 69 & 100 of Kerala Co-operative Societies Act.
Documents & Evidence
Document Type:
Jenmam assignment deed
Submitted By:
Plaintiff
Relevance:
Establishes the plaintiff's ownership of the plaint schedule property.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notifies the defendant bank regarding the loan transaction and requests details.
Reference:
Ext.A2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Reply notice from the defendant's counsel in response to plaintiff's notice.
Reference:
Ext.A3
Document Type:
Account Opening Form
Submitted By:
Plaintiff
Relevance:
Document issued by the bank related to the plaintiff's account.
Reference:
Ext.A4
Document Type:
Application Form
Submitted By:
Defendant
Relevance:
Application form for shares submitted by the plaintiff to the defendant bank.
Reference:
Ext.B1
Document Type:
Mortgage Loan Application Form
Submitted By:
Defendant
Relevance:
Document evidencing mortgage loan application made by the plaintiff.
Reference:
Ext.B2
Document Type:
Form for Creatory Gahan
Submitted By:
Defendant
Relevance:
Legal documentation related to the mortgage by the plaintiff.
Reference:
Ext.B3
Document Type:
Form for Creatory Gahan
Submitted By:
Defendant
Relevance:
Additional documentation related to the mortgage transaction.
Reference:
Ext.B4
Document Type:
Notice under Section Form No. 8E
Submitted By:
Defendant
Relevance:
Notice relating to the bank's actions concerning the plaintiff.
Reference:
Ext.B5
Document Type:
Jenmam assignment deed
Submitted By:
Defendant
Relevance:
Original title deed establishing the plaint schedule property's ownership.
Reference:
Ext.B6
Document Type:
Jenmam assignment deed
Submitted By:
Defendant
Relevance:
An anterior deed related to the plaint schedule property.
Reference:
Ext.B7
Document Type:
Jenmam assignment deed
Submitted By:
Defendant
Relevance:
Another anterior deed related to the plaint schedule property.
Reference:
Ext.B8
Document Type:
Jenmam assignment deed
Submitted By:
Defendant
Relevance:
Another anterior deed related to the plaint schedule property.
Reference:
Ext.B9
Document Type:
Basic Tax Receipt
Submitted By:
Defendant
Relevance:
Tax receipt related to the plaint schedule property.
Reference:
Ext.B10
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
Tax receipt from Calicut Corporation related to the plaint schedule property.
Reference:
Ext.B11
Document Type:
Possession Certificate
Submitted By:
Defendant
Relevance:
Certificate evidencing possession of the plaint schedule property.
Reference:
Ext.B12
Document Type:
Encumbrance certificate
Submitted By:
Defendant
Relevance:
Encumbrance certificate related to the plaint schedule property.
Reference:
Ext.B13
Document Type:
Encumbrance certificate
Submitted By:
Defendant
Relevance:
Additional encumbrance certificate for the plaint schedule property.
Reference:
Ext.B14
Document Type:
Encumbrance certificate
Submitted By:
Defendant
Relevance:
Another encumbrance certificate for the plaint schedule property.
Reference:
Ext.B15
Document Type:
Kadam Vaypadharam
Submitted By:
Defendant
Relevance:
Document related to the mortgage transaction with the bank.
Reference:
Ext.B16
Document Type:
Pronote
Submitted By:
Defendant
Relevance:
Promissory note executed by the plaintiff in favor of the bank.
Reference:
Ext.B17
Document Type:
Letter
Submitted By:
Defendant
Relevance:
Letter issued by Assistant Registrar regarding the complaint filed by the plaintiff.
Reference:
Ext.B18
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Unauthorized occupation
Case Code
Case between V.M. Abdulkhader Muhammed vs Calicut North Service Co-Operative Bank regarding mandatory and prohibitory injunction.
Case Code Year
Case between V.M. Abdulkhader Muhammed vs Calicut North Service Co-Operative Bank regarding mandatory and prohibitory injunction.