Case Summary
Plaintiffs, children of Tharammal Puthenpeediyekkal Kunhimuhammed, sought partition of property, claiming ownership through ancestral and assigned shares. Defendants contested on grounds of prior ownership and equitable considerations.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Preliminary decree for partition
Case Type
Civil Suit - Partition
Final Judgment
No
Why Plaintiff Won:
In the absence of evidence showing defendants' continued share ownership, plaintiffs' claim for partition based on ancestral and transferred shares was upheld.
In the absence of evidence showing defendants' continued share ownership, plaintiffs' claim for partition based on ancestral and transferred shares was upheld.
Judgment Evidence:
The 1st plaintiff is entitled to get 40 shares out of 144 shares in the plaint B schedule property. The 2nd plaintiff is entitled to get 23 shares out of 144 shares in the plaint B schedule property.
Parties Involved
Plaintiffs
Muhammed Ameer (28 years)
Marakkara amsom, desom, Randathani Post. Tirur Taluk
Mumthas (27 years)
Marakkara amsom, desom, Randathani Post. Tirur Taluk
Abdurahim (23 years)
Marakkara amsom, desom, Randathani Post. Tirur Taluk
Defendants
Jamsheer (28 years)
Kalpakancheri amsom, desom, Randathani Post, Tirur Taluk
Ami (58 years)
Fathima Suhara (33 years)
Marakkara amosm, deosm, Randathani Post, Tirur Taluk
Reliefs
Relief Type:
Partition
Outcome:
Granted
Description:
Preliminary decree for partition issued with specific shares allotted to each party
Evidence:
The 1st plaintiff is entitled to get 40 shares out of 144 shares in the plaint B schedule property. The 2nd plaintiff is entitled to get 23 shares out of 144 shares in the plaint B schedule property.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Established ancestral property ownership
Reference:
A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Issued for partition demand
Reference:
A5
Document Type:
Jenm Assignment Deed
Submitted By:
Defendant
Relevance:
Evidence of property assignment
Reference:
B1
Document Type:
Commissioner Report
Submitted By:
Court
Relevance:
Details of the boundary and property ownership
Reference:
C1