Case Summary
The suit involves a partition of jointly owned properties where the plaintiff and defendants are claiming their entitled shares from properties inherited from their mother. The defendants contested equity claims and demanded sharing of profits.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Preliminary decree for partition of properties
Case Type
Civil Suit - Partition
Final Judgment
No
The preliminary decree was passed for partitioning the properties among the parties in varying shares based on their claims.
Why Plaintiff Won:
Whether the well in item NO.4 of the plaint B schedule property can be allotted to the share of 2ⁿᵈ defendant as equity is relegated for decision in the final decree proceedings.
Whether the well in item NO.4 of the plaint B schedule property can be allotted to the share of 2ⁿᵈ defendant as equity is relegated for decision in the final decree proceedings.
Losing Side's Weaknesses:
Whether the well in item NO.4 of the plaint B schedule property can be allotted to the share of 2ⁿᵈ defendant as equity is relegated for decision in the final decree proceedings.
Whether the well in item NO.4 of the plaint B schedule property can be allotted to the share of 2ⁿᵈ defendant as equity is relegated for decision in the final decree proceedings.
Supporting Evidence
Pw1 deposed that the Advocate Commissioner had identified item No.2 of the plaint B schedule property...
Judgment Evidence:
In the result, Preliminary decree is passed as follows...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Hassainar
- Party Age
- 63
- Relation
- S/o Muhammed
- Party Role
- Defendant
- Party Name
- Saidalavi
- Party Age
- 60
- Party Role
- Defendant
- Party Name
- Hussain
- Party Age
- 58
- Party Role
- Defendant
- Party Name
- Muhammed Shafi
- Party Age
- 56
- Party Role
- Defendant
- Party Name
- Kunhimariyam W/o Chekkutty
- Party Age
- 52
- Party Role
- Defendant
- Party Name
- Basheer
- Party Age
- 48
- Party Role
- Defendant
- Party Name
- Abdul Salam
- Party Age
- 45
- Party Role
- Defendant
- Party Name
- Sainabha
- Party Age
- 44
- Party Role
- Defendant
- Party Name
- Sulaikha
- Party Age
- 42
Plaintiffs Documents
Certified copy of Kanam Assignment Deed Doc. No.1546/1967, Certified copy of Partition Deed Doc. No.1450/1980 etc.
Defendants Documents
Certified copy of Jenm Assignment Deed Doc. No.354/01, Certified copy of Jenm Assignment Deed Doc. No.355/01 etc.
Advocates
Reliefs
Relief Type:
Partition
Outcome:
Preliminary decree pronounced
Description:
Partition of the jointly owned properties among the parties
Evidence:
In the result, Preliminary decree is passed as follows...
Documents & Evidence
Document Type:
Certified Copy
Submitted By:
Plaintiff
Relevance:
Certified copy of Kanam Assignment Deed Doc. No.1546/1967
Reference:
A1
Document Type:
Certified Copy
Submitted By:
Defendant
Relevance:
Certified copy of Jenm Assignment Deed Doc. No.354/01
Reference:
B1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report submitted by Smt.Sara.K.P. Advocate Commissioner
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
Case Code
Case between Hassainar et al vs Valiyakath Muhammed's children et al regarding Partition
Case Code Year
Case between Hassainar et al vs Valiyakath Muhammed's children et al regarding Partition