Case Summary
The case involves Kelathil Thajudheen and Kelathil Safiya as plaintiffs against Salahudheen Kelathil regarding a partition of property that belonged to their mother. The defendant did not appear in court, leading to a decision in favor of the plaintiffs.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court accepted the plaintiff's claims and issued a preliminary decree for partition of the property into two equal shares.
Why Plaintiff Won:
The court found the plaintiffs to be the legal heirs of the deceased owner and confirmed their right to partition.
The court found the plaintiffs to be the legal heirs of the deceased owner and confirmed their right to partition.
Losing Side's Weaknesses:
The court found the plaintiffs to be the legal heirs of the deceased owner and confirmed their right to partition.
The court found the plaintiffs to be the legal heirs of the deceased owner and confirmed their right to partition.
Supporting Evidence
Plaintiff case is that the plaint B schedule property is owned by his mother by virtue of exhibits A1 and A2 documents. Plaintiff and defendant are the children of Kunhimeya. Hence they are entitled for half share each over plaint B schedule property.
Judgment Evidence:
In the result preliminary decree is passed as follows: 1. The plaint schedule property shall be divided into 2 (two) equal shares by metes and bounds. 2. Plaintiff is entitled to get half share of Plaint B schedule property. 3. Defendant is entitled to get half share of plaint B schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kelathil Thajudheen
- Party Age
- 57
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Kelathil Safiya
- Party Age
- 42
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Salahudheen Kelathil
- Party Age
- 60
- Relation
- S/o
Plaintiffs Documents
Certified copy of Jenm Assignment Deed Doc. No.427/1976, Certified copy of Jenm Assignment Deed Doc. No.1925/1977, Copy of Registered Lawyer Notice, Postal Receipt, Acknowledgement Card.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. K.P.Khaleel Ibrahim
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Partition
Outcome:
Granted
Description:
Plaint schedule property shall be divided into 2 equal shares.
Evidence:
In the result preliminary decree is passed as follows: The plaint schedule property shall be divided into 2 (two) equal shares by metes and bounds.
Relief Type:
Declaration
Outcome:
Granted
Description:
Plaintiff is entitled to half share of Plaint B schedule property.
Evidence:
Plaintiff is entitled to get half share of Plaint B schedule property.
Relief Type:
Declaration
Outcome:
Granted
Description:
Defendant is entitled to half share of plaint B schedule property.
Evidence:
Defendant is entitled to get half share of plaint B schedule property.
Documents & Evidence
Document Type:
Jenm Assignment Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Jenm Assignment Deed evidencing ownership of the plaint B schedule property.
Reference:
Ext.A1
Document Type:
Jenm Assignment Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Jenm Assignment Deed further supporting the plaintiff's claim.
Reference:
Ext.A2
Document Type:
Registered Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Copy of lawyer notice demanding partition which was not replied to by the defendant.
Reference:
Ext.A3
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
Case Code
Case between Kelathil Thajudheen et al vs Salahudheen Kelathil regarding Partition
Case Code Year
Case between Kelathil Thajudheen et al vs Salahudheen Kelathil regarding Partition