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
The court decreed the suit for partition after presuming the civil death of Mr. Muhammed and passed a preliminary decree for partition, allotting 7 out of 16 shares to the plaintiffs.
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.
Losing Side's Weaknesses:
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.
Supporting Evidence
The case of the plaintiff is that the whereabouts of the property owner Muhammad is not known to anybody prior to 1959...
Judgment Evidence:
The suit is decreed and a preliminary decree for partition is passed...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kariparambath Alavikkutty's children; Kadeeja
- Party Age
- 63
- Relation
- Daughter of
- Party Role
- Plaintiff
- Party Name
- Kariparambath Alavikkutty's children; Pathumma
- Party Age
- 61
- Relation
- Daughter of
- Party Role
- Defendant
- Party Name
- Kariparambath Koyamutty's children; Muhammed @ Bavutty Haji
- Party Age
- 74
- Relation
- Son of
- Party Role
- Defendant
- Party Name
- Kariparambath Koyamutty's children; Cherada Kunheen Haji
- Party Age
- 55
- Relation
- Son of
Plaintiffs Documents
Certified copy of Jenm Assignment deed dated 13-2-1959, Certified copy of Jenm Assignment deed dated 18-6-2009
Defendants Documents
Certified copy of Jenm Assignment deed No.1557/2011 dated 26-4-2011, Certified copy of Encumbrance Certificate dated 3-10-2015
Advocates
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
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
Case Code
Case between Kariparambath Alavikkutty's children et al vs Kariparambath Koyamutty's children et al regarding Partition
Case Code Year
Case between Kariparambath Alavikkutty's children et al vs Kariparambath Koyamutty's children et al regarding Partition