Case Summary
The plaintiffs, Muhammed Harshad and Ummu Habeeba, are seeking a partition of jointly owned properties originally belonging to their parents. The defendants, Kallingal Moideenkutty's children, contested the suit on the grounds of non-partibility and res judicata.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
A preliminary decree for partition of the properties was passed.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiffs proved their entitlement to the shares in the jointly owned properties.
The plaintiffs proved their entitlement to the shares in the jointly owned properties.
Judgment Evidence:
In the result, the suit is decreed and a preliminary decree for partition is passed as follows: The plaint B and C schedule properties shall be divided into 1152 equal shares by metes and bounds.
Parties Involved
Plaintiffs
Muhammed Harshad (18 years years)
Poklassery House, Thanalur amsom & Post, Meenadathoor desom, PIN – 676 307, Tirur Taluk.
Ummu Habeeba (12 years years)
Defendants
Aboobacker (45 years years)
Pazhayaputhanveettil House, Vettom amsom & Post, Vemanna desom, Tirur Taluk. PIN 676 102
Ussan (42 years years)
Muhammed Musthafa (41 years years)
Kamaludheen (38 years years)
Abdul Rasheed (34 years years)
Reliefs
Relief Type:
Partition
Outcome:
Granted
Description:
Decree for partition of plaint B and C schedule properties.
Evidence:
Hence, the plaintiff is entitled to a decree as prayed for.
Documents & Evidence
Document Type:
Certified Copy of Jenm Assignment deed
Submitted By:
Plaintiff
Relevance:
Used to establish the title of the plaint B and C schedule properties.
Reference:
Ext.A1
Document Type:
Certified copy of Jenm Assignment
Submitted By:
Plaintiff
Relevance:
Used to establish the title of the plaint B and C schedule properties.
Reference:
Ext.A2
Document Type:
Oral Evidence
Submitted By:
Oral evidence
Relevance:
Testimony provided by the plaintiff regarding the construction of the house.
Reference: