Case Summary
Plaintiff filed a suit for partition seeking separate allotment of shares over a property originally owned by Kakkottil Beevi and her descendants.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Partition of property and allotment of shares
Case Type
Civil Suit - Partition
Final Judgment
No
The court decreed the suit for partition, allotting 93 shares to the plaintiff and 21 shares to the defendants in the property.
Why Plaintiff Won:
Defendant No. 2 filed a written statement admitting the plaintiff's claim for partition, leading to the decree in favor of the plaintiff.
Defendant No. 2 filed a written statement admitting the plaintiff's claim for partition, leading to the decree in favor of the plaintiff.
Losing Side's Weaknesses:
Defendant No. 2 filed a written statement admitting the plaintiff's claim for partition, leading to the decree in favor of the plaintiff.
Defendant No. 2 filed a written statement admitting the plaintiff's claim for partition, leading to the decree in favor of the plaintiff.
Supporting Evidence
Defendant No. 2 filed written statement admitting the plaintiff's claim for partition.
Judgment Evidence:
The suit is decreed as follows: The plaint B schedule property shall be divided into 114 equal shares by meets and bounds. The plaintiff is entitled to get 93 shares out of 114 shares in the plaint 'B' schedule property. The defendants are entitled to get 21 shares together out of 114 shares in the plaint 'B' schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kakkottil Rukhiya
- Party Age
- 39
- Relation
- Daughter of Late Kunhimoideen
- Party Role
- Defendant
- Party Name
- Kakkottil Kadeeja
- Party Age
- 52
- Relation
- Wife of Paraparambil Mammi
- Party Role
- Defendant
- Party Name
- Kakkottil Ummukulsu
- Party Age
- 46
- Relation
- Wife of Thottiyil Basheer
- Party Role
- Defendant
- Party Name
- Kakkottil Subaida
- Party Age
- 42
- Relation
- Wife of Ungungal Rabiyath
Plaintiffs Documents
Kanam Assignment Deed Doc. No.1338/1965, Certified copies of decrees, Joint right release deed
Defendants Documents
Not available
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. V.Chandrasekharan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. K.Vipin
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt.Jyothi.M.K.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Partition
Outcome:
Granted
Description:
Partition of property and allotment of shares
Evidence:
The suit is decreed as follows: The plaint B schedule property shall be divided into 114 equal shares by meets and bounds. The plaintiff is entitled to get 93 shares out of 114 shares in the plaint 'B' schedule property. The defendants are entitled to get 21 shares together out of 114 shares in the plaint 'B' schedule property.
Documents & Evidence
Document Type:
Kanam Assignment Deed
Submitted By:
Plaintiff
Relevance:
Showing relationship and ownership history of the property
Reference:
Doc. No.1338/1965
Document Type:
Certified copy of decree
Submitted By:
Plaintiff
Relevance:
Providing details of the previous decree for partition
Reference:
OS 53/2010
Document Type:
Joint right release Deed
Submitted By:
Plaintiff
Relevance:
Documenting transfer of shares in the property
Reference:
No.2114/15
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 jointly owned property
Case Code
Case between Kakkottil Rukhiya vs Kakkottil Kadeeja et al regarding partition
Case Code Year
Case between Kakkottil Rukhiya vs Kakkottil Kadeeja et al regarding partition