Case Summary
The case involves a dispute over the partition of property belonging to the deceased Kalpurath Kadar among his children and their legal heirs. The plaintiffs are seeking a decree for partition as the defendants were not willing to agree to a partition.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Preliminary decree for partition is passed as follows: The plaint B schedule property shall be divided into 16 equal shares by metes and bounds.
Case Type
Partition Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiffs proved their case by the evidence presented, which was unchallenged due to the defendants conceding the claims.
The plaintiffs proved their case by the evidence presented, which was unchallenged due to the defendants conceding the claims.
Judgment Evidence:
In the result, the suit is decreed and a preliminary decree for partition is passed as follows: I. The plaint B schedule property shall be divided into 16 equal shares by metes and bounds.
Parties Involved
Plaintiffs
Saithalavi (60 years)
Kanmanam amsom desom Post Tirur Taluk
Ummusalma (50 years)
Kanmanam amsom desom Post Tirur Taluk
Naseera (46 years)
Kanmanam amsom desom Post Tirur Taluk
Farsana Jasmin (24 years)
Kanmanam amsom desom Post Tirur Taluk
Ahammed Kabeer (22 years)
Kanmanam amsom desom Post Tirur Taluk
Defendants
Pathummu (56 years)
Kanmanam amsom desom & Post, Tirur Taluk. PIN 676 551
Sulaikha (49 years)
Kanmanam amsom desom & Post, Tirur Taluk. PIN 676 551
Sainaba (55 years)
Kanmanam amsom desom & Post, Tirur Taluk. PIN 676 551
Subaida (41 years)
Kanmanam amsom desom & Post, Tirur Taluk. PIN 676 551
Hamza (39 years)
Kanmanam amsom desom & Post, Tirur Taluk. PIN 676 551
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
The plaintiffs' claim for partition and possession of the property.
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.
Documents & Evidence
Document Type:
Gift Deed
Submitted By:
Plaintiff
Relevance:
Proves the ownership of the plaint B schedule property.
Reference:
Ext.A1
Document Type:
Purchase Certificate
Submitted By:
Plaintiff
Relevance:
Supports the plaintiffs' claim to the property.
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Validates the ownership of the plaint B schedule property.
Reference:
Ext.A3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Submitted by the Advocate Commissioner regarding the property.
Reference:
Ext.C1
Document Type:
Commission Plan
Submitted By:
Court
Relevance:
Provided the plan for the property division.
Reference:
Ext.C2