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ORIGINAL SUIT NO. 302 OF 2016

Case between Basheer et al vs Saidalvi et al regarding partition and future profits

Court
Court of the Munsiff of Tirur
Judge
Smt. Vincy.T.V.
Order Date
2017-06-03
Duration
2 months 8 days
Case Closed
Sat, 06/03/2017 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Plaintiffs are seeking partition of joint property and realization of future profits. Defendants have been managing the property and withholding the plaintiffs' rightful share of rental income.

Judgment Outcome

Plaintiff Won
Interim Order
The court granted a preliminary decree for partition of the property among the parties as per their entitled shares.
Judgment Favored
Plaintiff
Relief Granted
Preliminary decree for partition
Case Type
Civil Suit - Partition and Profits Realization
Final Judgment
No
The court granted a preliminary decree for partition of the property among the parties as per their entitled shares.
Why Plaintiff Won:
The plaintiffs proved their case by producing cogent and reliable evidence, including the genealogical table and rental income details of the joint property.
Losing Side's Weaknesses:
The plaintiffs proved their case by producing cogent and reliable evidence, including the genealogical table and rental income details of the joint property.
Supporting Evidence
Therefore, I hold a view that the plaintiffs have proved their case by adducing cogent and reliable evidence and they are entitled for a decree as prayed for.

Judgment Evidence:

The suit is decreed and a preliminary decree for partition is passed as follows: The plaint B schedule property shall be divided into 7 equal shares by meets and bounds...

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Basheer
Party Age
53
Relation
S/o. Veerasseri Muhammed
Party Role
Plaintiff
Party Name
Fathima
Party Age
62
Relation
D/o. Veerasseri Muhammed
Party Role
Defendant
Party Name
Saidalvi
Party Age
58
Relation
S/o. Veerasseri Muhammed
Party Role
Defendant
Party Name
Musthafa
Party Age
45
Relation
S/o. Veerasseri Muhammed
Plaintiffs Documents
Copy of Mortgage Assignment Deed No. 389/1954, Chief Affidavit, Commission Report, Sketch
Defendants Documents
Not Applicable

Advocates

Reliefs

Relief Type: Partition
Outcome: Granted
Description:
Preliminary decree passed for partition of property into 7 equal shares among parties.
Evidence:
The suit is decreed and a preliminary decree for partition is passed as follows: The plaint B schedule property shall be divided into 7 equal shares by meets and bounds...
Relief Type: Profits Realization
Outcome: Granted
Description:
Plaintiffs entitled to future profits from the joint property.
Evidence:
Therefore, I hold a view that the plaintiffs have proved their case by adducing cogent and reliable evidence and they are entitled for a decree as prayed for.

Documents & Evidence

Document Type: Mortgage Assignment Deed
Submitted By: Plaintiff
Relevance:
Proof of property ownership
Reference:
A1: 08-03-1954 : Copy of Mortgage Assignment Deed No. 389/1954
Document Type: Commission Report
Submitted By: Plaintiff
Relevance:
Report submitted on the property
Reference:
C1 : 30-01-2017 : Commission Report
Document Type: Sketch
Submitted By: Plaintiff
Relevance:
Sketch of the property layout
Reference:
C2 : 30-01-2017 : sketch

Case Classification

Case Type
Civil Suit - Partition and Profits Realization
Category
Family Property and Partition
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Partition of joint property
Case Code
Case between Basheer et al vs Saidalvi et al regarding partition and future profits
Case Code Year
Case between Basheer et al vs Saidalvi et al regarding partition and future profits

Quick Facts

Location
Tirur
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Mon, 03/27/2017 - 12:00
Case Closed
Sat, 06/03/2017 - 12:00
From
Thu, 06/01/2017 - 12:00
To
Fri, 06/30/2017 - 12:00
Outcome Confidence
95%

Involved Entities

Private Individual

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