Case Summary
The case involves two brothers, Alikutty @ Ali and Muhammed Basheer, who are in dispute over partitioning inherited property. The plaintiff claims a larger share based on assigned rights from other family members.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff for partitioning the property. The plaintiff is entitled to 66/80 shares and the defendant to 14/80 shares.
Why Plaintiff Won:
The court found the plaintiff's evidence credible and proven, particularly the assigned rights from other family members.
The court found the plaintiff's evidence credible and proven, particularly the assigned rights from other family members.
Losing Side's Weaknesses:
The court found the plaintiff's evidence credible and proven, particularly the assigned rights from other family members.
The court found the plaintiff's evidence credible and proven, particularly the assigned rights from other family members.
Supporting Evidence
I find no reason to disbelieve PW1. Therefore, I am satisfied that the plaintiff has proved his case by adducing cogent and reliable evidence.
Judgment Evidence:
In the result, the suit is decreed and a preliminary decree for partition is passed as follows:- The plaint B schedule property shall be divided into 80 equal shares by metes and bounds.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Alikutty @ Ali
- Party Age
- 62
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Velayudhan
- Party Age
- 45
- Relation
- Rep. By
- Party Role
- Defendant
- Party Name
- Muhammed Basheer
- Party Age
- 58
- Relation
- S/o
Plaintiffs Documents
Returned notice with A/D Card, Joint Release Deed dated; 8-1-2001, Joint Release Deed dated; 13-3-2001, Joint Release Deed dated; 28-8-2001.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.T.R.Vijayan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Partition
Outcome:
Granted
Description:
Preliminary decree for partition of the plaint B schedule property.
Evidence:
the suit is decreed and a preliminary decree for partition is passed as follows:- I. The plaint B schedule property shall be divided into 80 equal shares by metes and bounds.
Relief Type:
Declaration
Outcome:
Granted
Description:
Plaintiff is entitled to 66/80 shares in the plaint B schedule property.
Evidence:
The plaintiff is entitled to get 66/80 shares in the plaint B schedule property.
Relief Type:
Declaration
Outcome:
Granted
Description:
Defendant is entitled to 14/80 shares in the plaint B schedule property.
Evidence:
The defendant is entitled to get 14/80 shares in the plaint B schedule property.
Documents & Evidence
Document Type:
Returned notice with A/D Card
Submitted By:
Plaintiff
Relevance:
Plaintiff issued notice to the defendant demanding the partition of the property.
Reference:
Ext.A1
Document Type:
Joint Release Deed
Submitted By:
Plaintiff
Relevance:
These are the title deeds of the property that establish the ownership and share distribution.
Reference:
Ext.A2, Ext.A3, Ext.A4
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Alikutty @ Ali vs Muhammed Basheer regarding partition
Case Code Year
Case between Alikutty @ Ali vs Muhammed Basheer regarding partition