Case Summary
The plaintiffs are the children of Late Moideenkutty Haji who are seeking a partition of the property inherited from their father. The defendants are also children of Late Moideenkutty Haji and are contesting the partition.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Case Type
Original Suit
Final Judgment
No
Why Plaintiff Won:
Plaintiffs proved their case by adduced reliable evidence.
Plaintiffs proved their case by adduced reliable evidence.
Judgment Evidence:
In the result, the suit is decreed and a preliminary decree for partition is passed as follows: The plaint B schedule properties shall be divided into 13 equal shares by metes and bounds.
Parties Involved
Plaintiffs
Kadiyamu (58 years)
Iringavoor amsom desom, Tirur Taluk
Pathumma (52 years)
Kurumbathoor amsom Punnathala desom, Tirur Taluk
Rukhiya (48 years)
Iringavoor amsom Vaniyannur desom, Tirur Taluk
Sulaikha (45 years)
Cheriyamundam amsom desom, Tirur Taluk
Ummusalma (42 years)
Kurumbathoor amsom desom, Tirur Taluk
Defendants
Hussain (68 years)
Iringavoor amsom desom, Tirur Taluk
Kunhavaran (65 years)
Iringavoor amsom desom, Tirur Taluk
Entheen (54 years)
Iringavoor amsom desom, Tirur Taluk
Hamza (56 years)
Iringavoor amsom desom, Tirur Taluk
Reliefs
Relief Type:
Partition
Outcome:
Granted
Description:
The plaintiffs sought a decree for partition of the B schedule property.
Evidence:
I find no reason to disbelieve PW1. Therefore, I am satisfied that the plaintiffs have proved their case by adducing cogent and reliable evidence. Hence the plaintiffs are entitled to a decree as prayed for.
Documents & Evidence
Document Type:
Certified copy of document
Submitted By:
Plaintiff
Relevance:
This document is part of the evidence supporting the plaintiffs' claim regarding the ownership of the B schedule property.
Reference:
Ext.A1
Document Type:
True copy of Document
Submitted By:
Plaintiff
Relevance:
This document is referenced as evidence of the property belonging to Late Moideenkutty Haji.
Reference:
Ext.A2
Document Type:
Photostat Copy of Kanam Theeradharam
Submitted By:
Plaintiff
Relevance:
This document is part of the evidence but its specific relevance is not detailed.
Reference:
Ext.A3
Document Type:
Certified copy of document
Submitted By:
Plaintiff
Relevance:
This document adds to evidence relevant to the plaintiffs' claims.
Reference:
Ext.A4
Document Type:
Certified copy of document
Submitted By:
Plaintiff
Relevance:
This document is part of the evidence supporting the plaintiffs' claim.
Reference:
Ext.A5
Document Type:
Certified copy of document
Submitted By:
Plaintiff
Relevance:
This document contributes to the plaintiffs' evidence regarding the property.
Reference:
Ext.A6
Document Type:
Certified copy of document
Submitted By:
Plaintiff
Relevance:
This document provides evidence related to the claims made by the plaintiffs.
Reference:
Ext.A7
Document Type:
True copy of Document
Submitted By:
Plaintiff
Relevance:
This document is significant in evidencing the assignment of the property.
Reference:
Ext.A8
Document Type:
Certified copy of the extract of Tax Assessment Register
Submitted By:
Plaintiff
Relevance:
This document supports the plaintiffs' claims and evidences ownership.
Reference:
Ext.A9
Document Type:
Encumbrance Certificates
Submitted By:
Plaintiff
Relevance:
This document is intended to provide evidence concerning the property in question.
Reference:
Ext.A10