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
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.
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
Plaintiffs
Kothakath Shahul Hameed (34 Years years)
Niramaruthoor amsom, desom and post, Tirur Taluk, PIN 676 109.
Defendants
Kothakath Sainaba (38 Years years)
Niramaruthoor amsom, desom and post, Tirur Taluk, 676 109.
Kothakath Moideen (33 Years years)
Niramaruthoor amsom, desom and post, Tirur Taluk, 676 109.
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