Case Summary
The plaintiffs, K.E.Shaji and his daughters, are seeking a partition of property belonging to their deceased relative, Najma P.H. The defendants, being the mother and sisters of Najma, are also involved in the claim for their respective shares.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Partition of property and allotment of shares.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit for partition by allotting specific shares to the plaintiffs and defendants as per the provisions of Islamic law. The plaintiffs were ordered to proceed with the partition process using a surveyor.
Why Plaintiff Won:
The plaintiffs were found to have legitimate claims to the shares of the property based on succession laws.
The plaintiffs were found to have legitimate claims to the shares of the property based on succession laws.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The share to be allotted to husband is 3/13, to the mother is 2/13 and to two girl children together is 8/13. The two girl children are entitled for 8/26 shares each.
Judgment Evidence:
In the result, the suit is decreed as follows:- 1. The plaint schedule property shall be divided into 26 equal parts, of which plaintiff 1 is allotted 6/26 shares and plaintiffs 2 and 3 are allotted 8/26 shares severally. Defendant 1 is entitled for 4/26 shares.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- K.E.Shaji
- Party Age
- 53
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Farsana K.S.
- Party Age
- 25
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Nisana K.S.
- Party Age
- 21
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- P. Pathumuthu
- Party Age
- 75
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- P.H. Kinanath Ashraf
- Party Age
- 48
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Jeena P.H.
- Party Age
- 33
- Relation
- W/o
Plaintiffs Documents
Certified copy of sale deed No. 3047 of S.R.O. Erumely, Land Tax receipt No. KL05021400221/2024 of Koruthodu Village Office, Death Certificate of Najma P.H.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Muhammed Haris K.S.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
Partition of the plaint schedule property and separation of shares.
Evidence:
In the result, the suit is decreed as follows: The plaint schedule property shall be divided into 26 equal parts, of which plaintiff 1 is allotted 6/26 shares and plaintiffs 2 and 3 are allotted 8/26 shares severally. Defendant 1 is entitled for 4/26 shares.
Relief Type:
Other
Outcome:
Granted
Description:
Appointment of a commission for partition.
Evidence:
For effecting partition of metes and bounds, the plaintiffs shall apply for a commission with assistance of a surveyor.
Relief Type:
Other
Outcome:
Granted
Description:
Direction to take steps for final decree.
Evidence:
Plaintiff shall take steps within a period of two months from the date of receipt of certified copy of this decree for passing of final decree.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed No. 3047/2004 establishing ownership of the plaint schedule property.
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Corresponding land tax receipt for the property in question.
Reference:
Ext.A2
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Death certificate of Najma P.H. confirming her status as the deceased owner.
Reference:
Ext.A3
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Common Reasons
Partition of property
Case Code
O.S
Case Code Year
2022