Case Summary
The suit involves a partition dispute over a property purchased jointly by the plaintiff and the defendant, where the plaintiff seeks allocation of his share and share of profits from the defendant.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Preliminary decree for partition
Case Type
Civil Suit - Partition
Final Judgment
No
The court decreed the suit and passed a preliminary decree for partition, dividing the property into 4 equal shares with the plaintiffs receiving 1 share and the defendant receiving 3 shares.
Why Plaintiff Won:
Plaintiffs provided cogent and reliable evidence supporting their claim for partition and share of profits.
Plaintiffs provided cogent and reliable evidence supporting their claim for partition and share of profits.
Losing Side's Weaknesses:
Plaintiffs provided cogent and reliable evidence supporting their claim for partition and share of profits.
Plaintiffs provided cogent and reliable evidence supporting their claim for partition and share of profits.
Supporting Evidence
Thereafter the defendant purchased the share of Shahul Hameed and Moideen. And now the plaint schedule property is in the co-ownership and joint possession of the plaintiff and defendant.
Judgment Evidence:
Therefore, I hold a view that the plaintiffs have proved their case by adducing cogent and reliable evidence and they are entitled for a decree as prayed for.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Jamal Moideen
- Relation
- S/o Peringattu thodiyil Saidalikkutty
- Party Role
- Plaintiff
- Party Name
- Sainaba
- Party Age
- 45
- Relation
- W/o Kunhiyarayil Peringattu thodiyil Jamal, D/o Muhammed
- Party Role
- Plaintiff
- Party Name
- Russal
- Party Age
- 29
- Party Role
- Plaintiff
- Party Name
- Fazal
- Party Age
- 23
- Party Role
- Defendant
- Party Name
- Muhammed
- Party Age
- 57
- Relation
- S/o Peringattu thodiyil Saidalikkutty
Plaintiffs Documents
Copy of Jenm Assignment Deed No.942/1982 etc.
Defendants Documents
Jenm Assignment Deed No.942/1982, Joint Release Der 3 No.2681/1987, KSEB Bill etc.
Advocates
Reliefs
Relief Type:
Partition
Outcome:
Granted
Description:
Division of the property into 4 equal shares with plaintiffs receiving 1 share and defendant receiving 3 shares
Evidence:
Therefore, I hold a view that the plaintiffs have proved their case by adducing cogent and reliable evidence and they are entitled for a decree as prayed for.
Documents & Evidence
Document Type:
Copy of Jenm Assignment Deed
Submitted By:
Plaintiff
Relevance:
Proved the ownership of the plaintiff over the plaint schedule property.
Reference:
A1
Document Type:
Jenm Assignment Deed
Submitted By:
Defendant
Relevance:
Proved the defendant's claim regarding the property purchase.
Reference:
B1
Document Type:
Joint Release Deed
Submitted By:
Defendant
Relevance:
Supporting the defendant's assertion of ownership.
Reference:
B2
Document Type:
KSEB Bill
Submitted By:
Defendant
Relevance:
Presented as evidence during the proceedings.
Reference:
B3
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
Property partition dispute
Case Code
Case between Jamal Moideen et al vs Muhammed regarding partition
Case Code Year
Case between Jamal Moideen et al vs Muhammed regarding partition