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
The court decreed the suit and ordered a preliminary decree for partition of the properties among the plaintiffs and defendants as per their shares.
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.
Losing Side's Weaknesses:
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.
Supporting Evidence
The derivation of the title of the property is sufficiently described in the plaint. Plaintiff is entitled to get 330/1152 shares in the plaint B & C schedule properties. Therefore, the plaintiffs pray for allotment of the house to their share without valuation.
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
Parties
- Party Role
- Plaintiff
- Party Name
- Muhammed Harshad
- Party Age
- 18
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Ummu Habeeba
- Party Age
- 12
- Relation
- Rep. By next friend and guardian 1st plaintiff
- Party Role
- Defendant
- Party Name
- Aboobacker
- Party Age
- 45
- Party Role
- Defendant
- Party Name
- Ussan
- Party Age
- 42
- Party Role
- Defendant
- Party Name
- Muhammed Musthafa
- Party Age
- 41
- Party Role
- Defendant
- Party Name
- Kamaludheen
- Party Age
- 38
- Party Role
- Defendant
- Party Name
- Abdul Rasheed
- Party Age
- 34
Plaintiffs Documents
Certified copy of Jenm Assignment Deed Doc. No.2218/2002, Certified copy of Jenm Assignment
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. V.Chandrasekharan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Vipin.K.
- Appearance Type
- Main Counsel
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:
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Muhammed Harshad et al vs Kallingal Moideenkutty @ Bava's children regarding partition
Case Code Year
Case between Muhammed Harshad et al vs Kallingal Moideenkutty @ Bava's children regarding partition