Case Summary
The case involves a partition of property originally owned by Muhammed, Moosa, Beerankutty, and Saithali. The plaintiff, Kunhimoideen, seeks to partition the property due to issues with the defendants regarding the share distributions.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Case Type
Original Suit
Final Judgment
No
The court decreed that the property shall be divided into 1280 equal shares, with specified shares for the plaintiff and the defendants. The suit is decreed and a preliminary decree for partition is passed.
Why Plaintiff Won:
The plaintiff provided cogent and reliable evidence to support his claim for partition.
The plaintiff provided cogent and reliable evidence to support his claim for partition.
Losing Side's Weaknesses:
The plaintiff provided cogent and reliable evidence to support his claim for partition.
The plaintiff provided cogent and reliable evidence to support his claim for partition.
Supporting Evidence
I find no reason to disbelieve PW1. 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 the preliminary decree is passed as follows: I. The plaint B schedule property shall be divided into 1280 equal shares by meets and bounds.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kunhimoideen
- Party Age
- 44
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Kunheevi
- Party Age
- 61
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Beerankutty
- Party Age
- 70
- Relation
- S/o
Plaintiffs Documents
Jenam Assignment Deed No. 2870/1980 of SRO Tirur, Jenm Assignment Deed Document No. 3122/2001 of SRO Tirur, Joint Release Deed No. 8/2016 of SRO Tirur
Defendants Documents
Not available
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. T.R.Vijayan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Abdul Hameed
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Partition
Outcome:
Granted
Description:
The plaintiff is entitled to a decree of partition as prayed for.
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 of partition as prayed for.
Documents & Evidence
Document Type:
Jenm Assignment Deed
Submitted By:
Plaintiff
Relevance:
The plaint B schedule property originally belonged to one Muhammed, Moosa, Beerankutty and Saithali by virtue of Ext. A1 document.
Reference:
Ext.A1
Document Type:
Jenm Assignment Deed Document No. 3122/2001 of SRO Tirur
Submitted By:
Plaintiff
Relevance:
Ext. A2 document is the document No. 3122/2001 of SRO Tirur, by which Munner and Jaisol purchased the share of Moosa and Saidalavi in the B schedule property.
Reference:
Ext.A2
Document Type:
Joint Release Deed
Submitted By:
Plaintiff
Relevance:
The property including the property covered under Ext. A2 was transferred in favour of D1 by Muneer, Jaisol and other legal heirs by virtue of Ext. A3 document.
Reference:
Ext.A3
Document Type:
Joint Release Deed
Submitted By:
Plaintiff
Relevance:
Share of Muhammed in B schedule property has been transferred in favour of the plaintiff by virtue of Ext. A4 Release Deed, by the legal heirs of said Muhammed.
Reference:
Ext.A4
Case Classification
Case Type
Original Suit
Category
Other Civil Cases
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Kunhimoideen vs Kunheevi, Beerankutty regarding Partition
Case Code Year
Case between Kunhimoideen vs Kunheevi, Beerankutty regarding Partition