Case Summary
This is a suit for partition and separate possession involving the plaintiff and two defendants. The plaintiff seeks to partition the plaint schedule property into 7 equal parts, claiming her 4 out of 7 share.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Partition and separate possession of 4/7 share of the plaint schedule property.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff for partition and separate possession of her share in the property. A preliminary decree was passed regarding the partition of the plaint schedule property.
Why Plaintiff Won:
Losing Side's Weaknesses:
Supporting Evidence
On a perusal of plaint, proof affidavit, documents submitted the claim of the plaintiff stands unchallenged and undisputed.
Judgment Evidence:
The plaint schedule property is divided into 7 equal parts and the plaintiff is entitled to get her 4/7 share over the plaint schedule property and is entitled for partition and separate possession over her respective share in metes and bounds.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- MEENCHERIKKUZHIYIL SULAIKHA
- Party Age
- 53
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- MEENCHERIKKUZHIYIL KUNHIMOOSA
- Party Age
- 56
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- MEENCHERIKKUZHIYIL NAFEESA
- Party Age
- 50
- Relation
- D/o
Plaintiffs Documents
Certified copy of Partition Deed, Release Deed executed in favour of Sulaikha, Basic Tax Receipt issued by Village Officer.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. N. M. Kuttikrishnan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Partition
Outcome:
Granted
Description:
The plaint schedule property is divided into 7 equal parts and the plaintiff is entitled to get her 4/7 share.
Evidence:
The plaint schedule property is divided into 7 equal parts and the plaintiff is entitled to get her 4/7 share over the plaint schedule property and is entitled for partition and separate possession over her respective share in metes and bounds.
Relief Type:
Partition
Outcome:
Granted
Description:
The 1st defendant is entitled to get partition and separate possession over his 2/7 share.
Evidence:
The 1st defendant is entitled to get partition and separate possession over his 2/7 share over the plaint schedule property allotted to him.
Relief Type:
Partition
Outcome:
Granted
Description:
The 2nd defendant is entitled to get partition and separate possession over her 1/7 share.
Evidence:
The 2nd defendant is entitled to get partition and separate possession over her 1/7 share over the plaint schedule property allotted to her.
Relief Type:
Other
Outcome:
Not Decided
Description:
Equity, reservations, and questions regarding future profits.
Evidence:
The equity, reservations and question with regard to future profits shall be worked out in the final decree stage.
Relief Type:
Other
Outcome:
Not Decided
Description:
Application for a commission to measure out and effect partition.
Evidence:
The plaintiff shall apply for a commission to measure out and effect partition in the final decree proceedings.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Partition Deed entered in between Pocker, Kunhammad and Kunhipathu.
Reference:
Ext.A1
Document Type:
Release deed
Submitted By:
Plaintiff
Relevance:
Release Deed executed by Kunhipathu, Ayisu and Suhara in favour of Sulaikha.
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Basic Tax Receipt issued by Village Officer, Chekkiad to Sulaikha and two others.
Reference:
Ext.A3
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Case Code
Case between MEENCHERIKKUZHIYIL SULAIKHA vs MEENCHERIKKUZHIYIL KUNHIMOOSA et al regarding partition and separate possession
Case Code Year
Case between MEENCHERIKKUZHIYIL SULAIKHA vs MEENCHERIKKUZHIYIL KUNHIMOOSA et al regarding partition and separate possession