Case Summary
Plaintiff Mariyakutty filed a partition suit to claim her share in the joint property purchased by Marakkar Haji and his daughter.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Preliminary decree for partition
Case Type
Civil Suit - Partition
Final Judgment
No
The court granted a preliminary decree for partition, dividing the property shares among the parties based on their entitlement.
Why Plaintiff Won:
Reason not clearly mentioned
Reason not clearly mentioned
Losing Side's Weaknesses:
Reason not clearly mentioned
Reason not clearly mentioned
Supporting Evidence
I hold a view that the plaintiffs have proved their case by adducing cogent and reliable evidence...
Judgment Evidence:
the suit is decreed and a preliminary decree for partition is passed
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Mariyakutty
- Party Age
- 67
- Relation
- W/o Muhammed @ Bappu Haji
- Party Role
- Defendant
- Party Name
- Peranchery Parambil Kunheethu's Children
- Party Role
- Defendant
- Party Name
- Karinkappara Muhammed @ Bappu's Children
Plaintiffs Documents
Certified copy of Jenm Assignment Deed No. 1064/1969, Certified copy of Joint Release Deed No. 1237/1969
Defendants Documents
Not mentioned
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. M.A. Ismail
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. C. Shanmughan
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Smt. Jaseena.C
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Partition
Outcome:
Preliminary decree passed
Description:
Plaintiff's share in the joint property decided based on entitlement.
Evidence:
the suit is decreed and a preliminary decree for partition is passed
Documents & Evidence
Document Type:
Certified Copy of Jenm Assignment deed
Submitted By:
Plaintiff
Relevance:
Proved ownership of the B schedule property.
Reference:
A1
Document Type:
Certified copy of Joint Release Deed
Submitted By:
Plaintiff
Relevance:
Established joint possession and ownership.
Reference:
A2
Document Type:
Commissioner's Report
Submitted By:
Court
Relevance:
Court report as evidence.
Reference:
C1
Document Type:
Sketch
Submitted By:
Court
Relevance:
Sketch as supporting document.
Reference:
C2
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
Case Code
Case between Mariyakutty vs Peranchery Kunheethu's Children & Karinkappara Muhammed's Children regarding partition
Case Code Year
Case between Mariyakutty vs Peranchery Kunheethu's Children & Karinkappara Muhammed's Children regarding partition