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
Judgment Favored
Plaintiff
Relief Granted
Preliminary decree for partition
Case Type
Civil Suit - Partition and Profits Realization
Final Judgment
No
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.
The plaintiffs proved their case by producing cogent and reliable evidence, including the genealogical table and rental income details of the joint property.
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
Plaintiffs
Basheer (53 years)
Naduvilangadi, Tirur amsom, desom, Tirur Taluk
Fathima (62 years)
Naduvilangadi, Tirur amsom, desom, Tirur Taluk
Defendants
Saidalvi (58 years)
Naduvilangadi, Tirur amsom, desom, Tirur Taluk
Musthafa (45 years)
Naduvilangadi, Tirur amsom, desom, Tirur Taluk
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