Case Summary
Plaintiff sued for partition of property after presuming the civil death of their missing brother Ali who owned the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Partition of property as per the terms of compromise
Case Type
Civil Suit - Partition
Final Judgment
No
The court granted partition of the property among the parties based on the presumption of the civil death of the missing brother Ali.
Why Plaintiff Won:
The suit was allowed and Civil death of Ali was presumed as no one knew his whereabouts for more than 7 years, and the parties had taken possession of their respective shares.
The suit was allowed and Civil death of Ali was presumed as no one knew his whereabouts for more than 7 years, and the parties had taken possession of their respective shares.
Losing Side's Weaknesses:
The suit was allowed and Civil death of Ali was presumed as no one knew his whereabouts for more than 7 years, and the parties had taken possession of their respective shares.
The suit was allowed and Civil death of Ali was presumed as no one knew his whereabouts for more than 7 years, and the parties had taken possession of their respective shares.
Supporting Evidence
It is evident that the said Ali is missing and no one is heard of him for more than 7 years. There is a presumption of Civil death.
Judgment Evidence:
In the result, the suit is allowed and final decree for partition is passed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- KunnathThattarapalliyalil Kunharamu
- Party Age
- 66
- Relation
- S/o Saidali
- Party Role
- Defendant
- Party Name
- Muhammed
- Party Age
- 64
- Relation
- S/o Kunnaththattarapallylil Saidali
- Party Role
- Defendant
- Party Name
- Assanar
- Party Age
- 56
- Relation
- S/o Kunnaththattarapalliylil Saidali
- Party Role
- Defendant
- Party Name
- Pathummakkutty
- Party Age
- 60
- Relation
- W/o Kottambaravalappil Alikutty, D/o Kunnaththattarapalliyalil Saidali
- Party Role
- Defendant
- Party Name
- Ayishu
- Party Age
- 58
- Relation
- W/o Pallathupadikkal Saithalavi, D/o Kunnathuthattarapalliyall Saidali
Plaintiffs Documents
Partition Deed dated 03-04-1986, Certified copy of Partition Deed dated 26-06-2012
Defendants Documents
Not available
Advocates
Reliefs
Relief Type:
Partition
Outcome:
Granted
Description:
Partition of property as per the final decree
Evidence:
In the result, the suit is allowed and final decree for partition is passed. The compromise shall form part of the final decree.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
To prove ownership and partition details
Reference:
A1
Document Type:
Certified Copy of Partition Deed
Submitted By:
Plaintiff
Relevance:
To establish details related to the property
Reference:
A2
Case Classification
Case Type
Civil Suit - Partition
Category
Family Property and Partition
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Presumption of Civil Death
Case Code
Case between KunnathThattarapalliyalil Kunharamu vs Muhammed et al regarding partition
Case Code Year
Case between KunnathThattarapalliyalil Kunharamu vs Muhammed et al regarding partition