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
The court decreed the suit for partition and allocated shares in the property among the plaintiffs and defendants as per the legal heirs. The matter was adjourned sine die for further proceedings.
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.
Losing Side's Weaknesses:
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.
Supporting Evidence
The plaintiffs and the defendants are the legal heirs of late Kalpurath Kadar. The plaintiff and the defendants are entitled to get share in the plaint schedule property.
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
Parties
- Party Role
- Plaintiff
- Party Name
- Saithalavi
- Party Age
- 60
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Ummusalma
- Party Age
- 50
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Naseera
- Party Age
- 46
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Farsana Jasmin
- Party Age
- 24
- Party Role
- Plaintiff
- Party Name
- Ahammed Kabeer
- Party Age
- 22
- Party Role
- Defendant
- Party Name
- Pathummu
- Party Age
- 56
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Sulaikha
- Party Age
- 49
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Sainaba
- Party Age
- 55
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Subaida
- Party Age
- 41
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Hamza
- Party Age
- 39
Plaintiffs Documents
Gift Deed dated 22-11-1966 SRO Kalpakancheri, Purchase Certificate bearing No. 390/1978 of Tanur Land Tribunal, Tax Receipt dated 12-3-2018
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Majeed Kalappattil
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. K.R.Rohith
- Appearance Type
- Main Counsel
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
Case Classification
Case Type
Partition Suit
Category
Property and Possession Disputes
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Partition of property
Case Code
Case between Deceased Kalpurath Kadar's children vs Deceased Kalpurath Kadar's children regarding partition
Case Code Year
Case between Deceased Kalpurath Kadar's children vs Deceased Kalpurath Kadar's children regarding partition