SALMA BEEVI Vs. STATE OF KERALA AND ORS.

JUDGEMENT

(1.) THIS is an appeal by the plaintiff in a suit for declaration of title, recovery of possession and injunction.

(2.) THE plaint schedule property is an item of property measuring 70 cents comprises in Survey No. 1968 of Madavoor Village. According to the plaintiff, the plaint schedule property obtained by her mother Mariyam Beevi @ Chitty Ashya Ummal by virtue of Ext. A1 "Sthreedhana kuri" of the year 1092 ME was devolved on her and her brother Abdul Kareem on the death of their mother. It is also the case of the plaintiff that her brother Abdul Kareem released his rights over the property in her favour as per Ext. A2 release deed of the year 1986 and thus she became the absolute owner of the same. It is alleged in the plaint that on the basis of the permission granted by the maternal grandfather of the plaintiff namely late Kunju Pakky, the Police Department was using the building in the plaint schedule property as a police outpost on a licence arrangement. It is also alleged in the plaint that the defendants who have no right in the property are attempting to construct a building therein. The plaintiff, therefore, claimed in the suit a decree declaring her title and possession over plaint schedule property and a decree of permanent prohibitory injunction restraining the defendants from constructing any building therein or altering the nature of the property. An alternative relief for recovery of possession of the plaint schedule property was also sought in the event the court finds that the defendants are in possession of the property.

(3.) A replication was filed by the plaintiff to the written statement filed by the defendants. In the replication, it is stated, among others, that the mother of the plaintiff Mariam Beevi is also known as Chitty Ashya Ummal and she is the daughter of Chitty Ashya Ummal and that the plaint schedule property has never been surrendered to the Government.