Case Summary
The suit is for partition of property where the plaintiff seeks separate allotment of shares for herself and the defendants, who are the wife and children of the plaintiff's deceased brother.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Partition and separate share allotment
Case Type
Civil Suit - Partition
Final Judgment
No
The court decreed the suit for partition and passed a final decree allocating specific properties to the plaintiff and defendants as per a compromise agreement.
Why Plaintiff Won:
Compromise agreement for partition was found lawful and deemed beneficial for the minor defendant, leading to a final decree in favor of the plaintiff.
Compromise agreement for partition was found lawful and deemed beneficial for the minor defendant, leading to a final decree in favor of the plaintiff.
Losing Side's Weaknesses:
Compromise agreement for partition was found lawful and deemed beneficial for the minor defendant, leading to a final decree in favor of the plaintiff.
Compromise agreement for partition was found lawful and deemed beneficial for the minor defendant, leading to a final decree in favor of the plaintiff.
Supporting Evidence
On going through the compromise petition, I am satisfied that the compromise is for the benefit of the minor defendant. Hence IA.2818/2014 was allowed and leave was granted to compromise the matter on behalf of the minor defendant. Since the compromise is lawful, IA.2817/2014 is allowed.
Judgment Evidence:
In the result, the suit is decreed and a final decree for partition is passed as described.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kadiyumma
- Party Age
- 63
- Relation
- Daughter of Pocker
- Party Role
- Defendant
- Party Name
- Pathummakutty
- Party Age
- 49
- Relation
- Wife of Saidalavi
- Party Role
- Defendant
- Party Name
- Aminakutty
- Party Age
- 30
- Relation
- Daughter of Saidalavi
- Party Role
- Defendant
- Party Name
- Ayishakutty
- Party Age
- 28
- Relation
- Daughter of Saidalavi
- Party Role
- Defendant
- Party Name
- Hafsath
- Party Age
- 25
- Relation
- Daughter of Saidalavi
- Party Role
- Defendant
- Party Name
- Juvairiya
- Party Age
- 22
- Relation
- Daughter of Saidalavi
- Party Role
- Defendant
- Party Name
- Hajara
- Party Age
- 18
- Relation
- Daughter of Saidalavi
- Party Role
- Defendant
- Party Name
- Sabira
- Party Age
- 15
- Relation
- Daughter of Saidalavi
Plaintiffs Documents
Genealogical table, Document No.864/1972 of Sub Registrar Office, Kuttipuram
Defendants Documents
Document No. 1841/2005 of Sub Registrar Office, Kuttipuram
Advocates
Reliefs
Relief Type:
Partition
Outcome:
Granted
Description:
Separate allotment of shares for plaintiff and defendants in the property
Evidence:
The final decree for partition was passed in terms of the compromise agreement.
Documents & Evidence
Document Type:
Genealogical table
Submitted By:
Plaintiff
Relevance:
Shows the relationship between plaintiff and defendants
Reference:
Document Type:
Property purchase document
Submitted By:
Plaintiff
Relevance:
Establishes equal rights of plaintiff and deceased brother over property
Reference:
Document No.864/1972 of Sub Registrar Office, Kuttipuram
Document Type:
Share purchase document
Submitted By:
Defendant
Relevance:
Defendants purchased share of plaintiff's father in the property
Reference:
Document No. 1841/2005 of Sub Registrar Office, Kuttipuram
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 Kadiyumma vs Pathummakutty et al. regarding partition
Case Code Year
Case between Kadiyumma vs Pathummakutty et al. regarding partition