Case Summary
The case involves a suit for partition of property originally belonging to Cherayampurath Ahammedkutty. The plaintiff claims their share based on legal inheritance, while the defendants were absent and set exparte.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
A preliminary decree for partition was passed.
Case Type
Original Suit
Final Judgment
No
The suit for partition was decreed, granting the plaintiff a share in the property. The absence of the defendants allowed the plaintiff's claims to remain unchallenged.
Why Plaintiff Won:
The plaintiff has proved his case by adducing cogent and reliable evidence.
The plaintiff has proved his case by adducing cogent and reliable evidence.
Losing Side's Weaknesses:
The plaintiff has proved his case by adducing cogent and reliable evidence.
The plaintiff has proved his case by adducing cogent and reliable evidence.
Supporting Evidence
Therefore, I am satisfied that the plaintiff has proved his case by adducing cogent and reliable evidence.
Judgment Evidence:
In the result, the suit is decreed and a preliminary decree for partition is passed as follows: I. The plaint B schedule property shall be divided into 16 equal shares by metes and bounds.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kothakath Shahul Hameed
- Party Age
- 34
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Kothakath Sainaba
- Party Age
- 38
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Kothakath Moideen
- Party Age
- 33
- Relation
- S/o
Plaintiffs Documents
Certified Copy of Jenm Assistant Deed, No.3328/2002, Copy of Lawyer Notice with Postal Receipt, Joint Release Deed.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. M.Abdul Kader
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
The court declared the shares in the property as requested by the plaintiff.
Evidence:
Therefore, I am satisfied that the plaintiff has proved his case by adducing cogent and reliable evidence. Hence, the plaintiff is entitled to a decree as prayed for.
Documents & Evidence
Document Type:
Certified Copy of Jenm Assistant Deed
Submitted By:
Plaintiff
Relevance:
This document establishes the property ownership and was marked as an exhibit.
Reference:
Ext.A1
Document Type:
Copy of lawyer notice with postal receipt
Submitted By:
Plaintiff
Relevance:
This document details the notice issued by the plaintiff for partition, which supports the plaintiff's claim.
Reference:
Ext.A2
Document Type:
Joint Release Deed
Submitted By:
Plaintiff
Relevance:
This document is relevant to the claims made regarding the division of shares in the property.
Reference:
Ext.A3
Case Classification
Case Type
Original Suit
Category
Other Civil Cases
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Partition of property
Case Code
Case between Kothakath Shahul Hameed vs Kothakath Sainaba et al regarding partition
Case Code Year
Case between Kothakath Shahul Hameed vs Kothakath Sainaba et al regarding partition