Case Summary
The suit involves a partition dispute concerning the inheritance of a property after presuming the civil death of one of the co-owners, Mr. Muhammed. The plaintiffs, who are the legal heirs of Mr. Muhammed, seek a declaration of civil death and partition of his share in the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Partition
Case Type
Civil Suit - Partition
Final Judgment
No
Why Plaintiff Won:
The court found that the plaintiffs had adequately proven their status as legal heirs of Mr. Muhammed and were entitled to his share in the property based on the presumption of his civil death and the lack of contrary evidence from the defendants.
The court found that the plaintiffs had adequately proven their status as legal heirs of Mr. Muhammed and were entitled to his share in the property based on the presumption of his civil death and the lack of contrary evidence from the defendants.
Judgment Evidence:
The suit is decreed and a preliminary decree for partition is passed...
Parties Involved
Plaintiffs
Kariparambath Alavikkutty's children; Kadeeja (63 years)
Thozhuvanoor amsom desom & Post, Tirur Taluk
Kariparambath Alavikkutty's children; Pathumma (61 years)
Ananthavoor amsom desom & Post, Tirur Taluk
Kariparambath Alavikkutty's children; Ummukulsu (55 years)
Thozhuvanoor amsom desom & Post, Tirur Taluk
Kariparambath Alavikkutty's children; Sainabha (52 years)
Kattipparuthi amsom desom & Post, Tirur Taluk
Defendants
Kariparambath Koyamutty's children; Muhammed @ Bavutty Haji (74 years)
Melmuri amsom desom, P.O. Kadampuzha, Tirur Taluk
Kariparambath Koyamutty's children; Kathiya Umma (75 years)
Melmuri amsom desom, P.O. Kadampuzha, Tirur Taluk
Kariparambath Koyamutty's children; Pathumma (65 years)
Melmuri amsom desom, P.O. Kadampuzha, Tirur Taluk
Kariparambath Koyamutty's children; Poozhithara Noushad (35 years)
Melmuri amsom desom, P.O. Kadampuzha, Tirur Taluk
Kariparambath Koyamutty's children; Cherada Kunheen Haji (55 years)
Melmuri amsom desom, P.O. Kadampuzha, Tirur Taluk
Kariparambath Koyamutty's children; Karimbil Kalayi Balakrishnan (49 years)
Melmuri amsom desom, P.O. Kadampuzha, Tirur Taluk
Reliefs
Relief Type:
Partition
Outcome:
Granted
Description:
Partition of Muhammad's share in the property among the legal heirs
Evidence:
The suit is decreed and a preliminary decree for partition is passed...
Documents & Evidence
Document Type:
Certified Copy of Jenm Assignment deed
Submitted By:
Plaintiff
Relevance:
Relevance not mentioned
Reference:
A1
Document Type:
Certified Copy of Jenm Assignment deed
Submitted By:
Plaintiff
Relevance:
Relevance not mentioned
Reference:
A2
Document Type:
Certified Copy of Jenm Assignment deed
Submitted By:
Defendant
Relevance:
Relevance not mentioned
Reference:
B1
Document Type:
Certified copy of Encumbrance Certificate
Submitted By:
Defendant
Relevance:
Relevance not mentioned
Reference:
B2