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Original Suit No. 254 OF 2015

Case between Deceased Tharammal Puthenpeediyekkal Kunhimuhammed's Children et al vs Jamsheer and Ami regarding partition of property

Court
Court of the Munsiff of Tirur
Judge
Smt. VINCY.T.V., B.A, LL.B
Order Date
2017-03-01
Duration
2 years
Case Closed
Wed, 03/01/2017 - 12:00

Judgement document from eCourt website

Judgment Document
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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

Plaintiff Won
Interim Order
The court decreed the suit for partition awarding specific shares to each party and referred allocation of a disputed portion to subsequent proceedings.
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.
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.
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

Quick Facts

Location
Tirur
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Sun, 03/01/2015 - 12:00
Case Closed
Wed, 03/01/2017 - 12:00
From
Wed, 03/01/2017 - 12:00
To
Fri, 03/31/2017 - 12:00
Outcome Confidence
%

Involved Entities

Private Individual

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