Case Summary
The plaintiffs, consisting of several heirs of Meeran Pillai and Mohammed Haneefa, filed a suit against the defendant, Sherifa, claiming their rights over a property originally belonging to late Maitheen Pillai. They seek a partition of the property due to disputes over joint possession and a prior injunction case filed by the defendant.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Partition of property as per the shares defined in the judgment.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiffs, awarding them their respective shares in the property. The court determined that partition was necessary due to the joint possession issues.
Why Plaintiff Won:
The plaintiffs proved their entitlement to shares based on the Mohammedan Law of Succession and the nature of the property.
The plaintiffs proved their entitlement to shares based on the Mohammedan Law of Succession and the nature of the property.
Losing Side's Weaknesses:
The plaintiffs proved their entitlement to shares based on the Mohammedan Law of Succession and the nature of the property.
The plaintiffs proved their entitlement to shares based on the Mohammedan Law of Succession and the nature of the property.
Supporting Evidence
The court found that the plaintiffs are the rightful legal heirs entitled to shares in the property under Mohammedan Law of Succession, and their claims were substantiated by evidence showing that the property is partible.
Judgment Evidence:
In the result; the suit is decreed as follows: 1. The plaintiffs 1, 2 and the defendant are entitled to 1/26th share each over the plaint schedule property. 2. The plaintiffs 3 to 7 are entitled to 1/13th share each over the plaint schedule property. 3. The plaintiffs 8 to 11 are entitled to 1/8th share each over the plaint schedule property. 4. The plaintiffs 12 to 15 together are entitled to the said 1/13th share over the plaint schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Bheema
- Party Age
- 78
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Sainaba Beevi
- Party Age
- 72
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Peerumuhammed
- Party Age
- 69
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Kabeer
- Party Age
- 64
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Abdul Khader
- Party Age
- 58
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sherifa
- Party Age
- 69
- Relation
- D/o
Plaintiffs Documents
Certified Release Deed No. 3604/1956
Defendants Documents
Judgment in OS 900/2015, Decree in OS 900/2015, Residential Certificate, Certified Copy of Electricity Bill, Certified Copy of Ration Card, Certified Copy of Aadhar Card
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. B. Vasudevan Nair
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. M. Madhusoodnan Nair
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Partition
Outcome:
Granted
Description:
Decree for partition of the plaint schedule property among the plaintiffs and defendant.
Evidence:
In the result; the suit is decreed as follows: 1. The plaintiffs 1, 2 and the defendant are entitled to 1/26th share each over the plaint schedule property.
Documents & Evidence
Document Type:
Release deed
Submitted By:
Plaintiff
Relevance:
Marked as evidence to support plaintiffs' claim regarding ownership and partition of property.
Reference:
Ext.A1
Document Type:
Judgment
Submitted By:
Defendant
Relevance:
Referenced in relation to the defendant's prior suit and its implications on the current partition suit.
Reference:
Ext.B1
Document Type:
Decree
Submitted By:
Defendant
Relevance:
Related to the defendant's previous suit concerning permanent injunction.
Reference:
Ext.B2
Document Type:
Residential Certificate
Submitted By:
Defendant
Relevance:
Presented to show the defendant's residence and support her claim over possession.
Reference:
Ext.B3
Document Type:
Electricity Bill
Submitted By:
Defendant
Relevance:
Used to establish the defendant's continuous residence at the property.
Reference:
Ext.B4
Document Type:
Ration Card
Submitted By:
Defendant
Relevance:
Similar to other documents to show the defendant's long-term residency.
Reference:
Ext.B5
Document Type:
Aadhar Card
Submitted By:
Defendant
Relevance:
Offered as evidence regarding the defendant's identity and support her claims.
Reference:
Ext.B6
Document Type:
Ration Card
Submitted By:
Defendant
Relevance:
Further supports the defendant’s claims of residence.
Reference:
Ext.B7
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
Case between Bheema et al vs Sherifa regarding partition of property
Case Code Year
Case between Bheema et al vs Sherifa regarding partition of property