Case Summary
The plaintiff, A.K.Nazimudeen, is seeking a partition of property that he holds jointly with the defendants, who are the legal heirs of the deceased Shaharudeen. The case arose after the defendants opposed the plaintiff's attempts to partition the property and include the fifth defendant, who is conducting business on the property without consent.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
A decree of partition and payment of Rs. 3,06,000/-
Case Type
Civil Suit
Final Judgment
No
The suit for partition was decreed in favor of the plaintiff, entitling him to half the share of the property and an amount of Rs. 3,06,000/- from the defendants.
Why Plaintiff Won:
The court found that the plaintiff and the deceased were co-owners of the property, and the defendants failed to provide evidence against the claims.
The court found that the plaintiff and the deceased were co-owners of the property, and the defendants failed to provide evidence against the claims.
Losing Side's Weaknesses:
The court found that the plaintiff and the deceased were co-owners of the property, and the defendants failed to provide evidence against the claims.
The court found that the plaintiff and the deceased were co-owners of the property, and the defendants failed to provide evidence against the claims.
Supporting Evidence
From the plaint averments and Exts.A1 to A7, it is clear that the plaintiff is entitled to get a decree of partition of the plaint schedule property by metes and bounds.
Judgment Evidence:
In the result, the suit decreed and a preliminary decree for partition is passed in the following terms: 1.Plaint schedule property shall be divided into two equal shares by metes and bounds. 2.The plaintiff is entitled to get 1/2 share over plaint schedule property by metes and bounds and her share shall be separated.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- A.K.Nazimudeen
- Party Age
- 66
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Shaima Shaharudeen
- Party Age
- 54
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Isha Shahar
- Party Age
- 28
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Ameena Shahar
- Party Age
- 26
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Ajas Shahar
- Party Age
- 25
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mumthas.J
- Party Age
- 42
- Relation
- W/o
Plaintiffs Documents
Sale Deed No. 773/1987, Sale Deed No. 1199/1988, Land Tax Receipt, Death Certificate of Shaharudeen, Legal heirship Certificate, Office copy of Lawyer notice, Postal receipts.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.G.Baiju
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Poornima.G.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- I.Sowfiuar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- U.Ullas Kumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Partition
Outcome:
Granted
Description:
Decree for partition of the plaint schedule property by metes and bounds.
Evidence:
The plaintiff is entitled to get a decree for partition of plaint schedule property as claimed.
Relief Type:
Recovery
Outcome:
Granted
Description:
Realization of an amount of Rs. 3,06,000/- from the defendants.
Evidence:
The plaintiff is entitled to realise an amount of Rs.3,06,000/- (Rupees Three Lakh Six Thousand only) from the defendants and their assets.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Shows that the plaintiff and the deceased Shaharudeen were title holders of the plaint schedule property.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Related to the title ownership of the plaint schedule property.
Reference:
Ext.A2
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Shows that they mutated the plaint schedule property in their name and were remitting land tax.
Reference:
Ext.A3
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Proves the death of Shaharudeen.
Reference:
Ext.A4
Document Type:
Legal heirship certificate
Submitted By:
Plaintiff
Relevance:
Attested copy proving the legal heirs of Shaharudeen.
Reference:
Ext.A5
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Office copy of a lawyer notice sent to the defendants.
Reference:
Ext.A6
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Series of postal receipts related to communication with defendants.
Reference:
Ext.A7
Document Type:
Legal heirship certificate
Submitted By:
Unknown
Relevance:
Photocopy related to legal heirship of Shaharudeen.
Reference:
Ext.X1
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Partition
Case Code
Case between A.K.Nazimudeen vs Shaima Shaharudeen et al regarding Partition
Case Code Year
Case between A.K.Nazimudeen vs Shaima Shaharudeen et al regarding Partition