Case Summary
The petitioners, children of Kandamchira Yahu, filed a petition for final decree for partition of property following a preliminary decree. The case involves the division of property into shares among the plaintiffs and defendants.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Final decree for partition passed.
Case Type
Civil Suit
Final Judgment
No
The petition for final decree of partition was allowed, and the property was divided into specified shares among the parties as laid out in the report of the Advocate Commissioner. The equalization of shares was also ordered between the defendants and plaintiff.
Why Plaintiff Won:
The Advocate Commissioner effectively divided the property in accordance with the preliminary decree.
The Advocate Commissioner effectively divided the property in accordance with the preliminary decree.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
Advocate Commissioner has effected division of property in tune with preliminary decree.
Judgment Evidence:
the petition is allowed and a final decree for partition is passed as follows
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Hamza
- Party Role
- Plaintiff
- Party Name
- Koya
- Party Role
- Plaintiff
- Party Name
- Saidalavi
- Relation
- Plaintiff/D1
- Party Role
- Defendant
- Party Name
- Muhammed
- Party Role
- Defendant
- Party Name
- Ummer
- Party Role
- Defendant
- Party Name
- Ayisummu
- Party Role
- Defendant
- Party Name
- Thasleemath
- Relation
- D2
- Party Role
- Defendant
- Party Name
- Mariyamu
- Relation
- W/o Kandamchira Yahu
Plaintiffs Documents
Commissioner's Report (Ext. C1), Plan (Ext. C2)
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. M.A. Ismail
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
Final decree for partition of property was passed.
Evidence:
The result, petition is allowed and a final decree for partition is passed as follows.
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendant No. 2 shall pay an amount of Rs. 14,996/- to plaintiff, defendant No. 1 and 4 towards equalization of shares.
Evidence:
Defendant No. 2 shall pay an amount of Rs. 14,996/- to plaintiff, defendant No. 1 and 4 towards the equalization of shares.
Relief Type:
Recovery
Outcome:
Granted
Description:
Various amounts were ordered to be paid by defendants for equalization of shares.
Evidence:
Defendant No. 2 shall pay an amount of Rs. 3,682/- to defendant No. 3, Rs. 6,341/- to defendant No.5, Rs. 497/- to defendant No. 7 towards the equalization of shares.
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendant No. 6 shall pay an amount of Rs. 659/- to defendant No. 7 towards the equalization of shares.
Evidence:
Defendant No. 6 shall pay an amount of Rs. 659/- to defendant No. 7 towards the equalization of shares.
Documents & Evidence
Document Type:
Commissioner's Report
Submitted By:
Court
Relevance:
The report provided details about the division of the property as per the preliminary decree.
Reference:
Ext.C1
Document Type:
Plan
Submitted By:
Court
Relevance:
The plan illustrated the division of property as per the commissioner's report.
Reference:
Ext.C2
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Partition of property
Case Code
Case between Kandamchira Yahu's children vs Kandamchira Yahu's children regarding partition
Case Code Year
Case between Kandamchira Yahu's children vs Kandamchira Yahu's children regarding partition