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
The court decreed the suit for partition awarding specific shares to each party and referred allocation of a disputed portion to subsequent proceedings.
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.
Losing Side's Weaknesses:
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.
Supporting Evidence
It is for their protection defendant no. 2 and 3 sold out their shares in favour of defendant no. 1 who also was a minor at that point of time. As Ext. B1 document would show that the entire share of defendant no. 2 and 3 was assigned in favour of 1st defendant. There is nothing on evidence or otherwise to show that defendant no. 2 and 3 are still holding any share over plaint B schedule property.
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
Parties
- Party Role
- Plaintiff
- Party Name
- Muhammed Ameer
- Party Age
- 28
- Relation
- Child of Deceased Tharammal Puthenpeediyekkal Kunhimuhammed
- Party Role
- Plaintiff
- Party Name
- Mumthas
- Party Age
- 27
- Relation
- Child of Deceased Tharammal Puthenpeediyekkal Kunhimuhammed
- Party Role
- Plaintiff
- Party Name
- Abdurahim
- Party Age
- 23
- Relation
- Child of Deceased Tharammal Puthenpeediyekkal Kunhimuhammed
- Party Role
- Defendant
- Party Name
- Jamsheer
- Party Age
- 28
- Relation
- Son of Kadayikkal Saithalikutty Haji
- Party Role
- Defendant
- Party Name
- Ami
- Party Age
- 58
- Relation
- Wife of Deceased Tharammal Puthenpeediyekkal Kunhimuhammed
- Party Role
- Defendant
- Party Name
- Fathima Suhara
- Party Age
- 33
- Relation
- Daughter of Deceased Tharammal Puthenpeediyekkal Kunhimuhammed and Ami
Plaintiffs Documents
Settlement Deed, Pattayam, Certificate of Legal Higher ship certificate, Death Certificate, Lawyer notice with registered post and postal receipt, Reply notice
Defendants Documents
Jenm Assignment Deed, Tax Receipts
Advocates
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
Case Classification
Case Type
Civil Suit - Partition
Category
Family Property and Partition
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Partition of property
Case Code
Case between Deceased Tharammal Puthenpeediyekkal Kunhimuhammed's Children et al vs Jamsheer and Ami regarding partition of property
Case Code Year
Case between Deceased Tharammal Puthenpeediyekkal Kunhimuhammed's Children et al vs Jamsheer and Ami regarding partition of property