Case Summary
This case involves a partition suit filed by K.E.Shaji and his daughters against P. Pathumuthu and her daughters regarding the property belonging to the deceased wife of K.E.Shaji. The plaintiffs claim their shares in the property as legal heirs under Islamic Law of Inheritance.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Partition of property and direction to apply for a commission for metes and bounds.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit for partition of the plaint schedule property, determining the respective shares of the plaintiffs and defendants according to Islamic Law of Inheritance.
Why Plaintiff Won:
The plaintiffs were found entitled to their respective shares as legal heirs under the applicable laws.
The plaintiffs were found entitled to their respective shares as legal heirs under the applicable laws.
Losing Side's Weaknesses:
The plaintiffs were found entitled to their respective shares as legal heirs under the applicable laws.
The plaintiffs were found entitled to their respective shares as legal heirs under the applicable laws.
Supporting Evidence
The table provided in the section contains a list of sharers and the division of property according to the circumstances of the case.
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, 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 into shares as per the entitlement.
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:
Direction to apply for a commission for effecting partition with the assistance of a surveyor.
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 for the plaintiffs to take steps for passing of a final decree within a specified period.
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.
Relief Type:
Other
Outcome:
Granted
Description:
Cost of the suit directed to come out of the estate.
Evidence:
The cost of the suit shall come out of the estate.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed No. 3047/2004 evidencing ownership of the plaint schedule property.
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Corresponding land tax receipt related to the plaint schedule property.
Reference:
Ext.A2
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Death certificate of Najma P.H. establishing the basis for succession.
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
Case Code
O.S
Case Code Year
2022