Case Summary
Plaintiffs filed a suit seeking partition of property inherited from their father, which was jointly owned by defendants. Defendants refused partition leading to a court case.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Partition of plaint B schedule property
Case Type
Civil Suit - Partition
Final Judgment
No
The court decreed the partition of the property among the plaintiffs and defendants based on their rightful shares.
Why Plaintiff Won:
The plaintiff successfully established their right to a share in the property through legal documents and evidence presented in court.
The plaintiff successfully established their right to a share in the property through legal documents and evidence presented in court.
Losing Side's Weaknesses:
The plaintiff successfully established their right to a share in the property through legal documents and evidence presented in court.
The plaintiff successfully established their right to a share in the property through legal documents and evidence presented in court.
Supporting Evidence
According to PW1 plaint B schedule property belonged to plaintiffs father, Ayamu by virtue of Document No. 1178/1930 and 444/1937... As per Ext.A4 the share of one of the wives and her children of the first plaintiff alone were transferred in favour of the first defendant.
Judgment Evidence:
The suit is decreed as follows: 1. Plaint schedule property shall be divided into 3328 equal shares by metes and bounds... Suit is adjourned sine die.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Muhammed kutty
- Party Age
- 70
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mullappally Saidalavi
- Party Age
- 28
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Thayumma
- Party Age
- 70
- Relation
- Mother of D1 & D2
- Party Role
- Defendant
- Party Name
- Abdul Gafoor
- Party Age
- 33
- Relation
- Unknown
- Party Role
- Defendant
- Party Name
- Asees Mullakkanakath Sahina
- Party Age
- 20
- Relation
- W/o
Plaintiffs Documents
Kanam Assignment Deed dated 21-4-1937, Settlement Deed dated 14-9-1930, Certified copy of Right Deed dated 22-10-2013, Certified copy of Right Deed dated 14-5-2014, Copy of Lawyer Notice 3-6-2013, Unclaimed cover with A/D card
Defendants Documents
Certified copy of Assignment Deed dated 9-10-2013, Certified copy of Assignment Deed dated 4-5-1983, Certified copy of Purchase Certificate dated 12-11-76, Certified copy of Partition Deed dated 9-3-1964, Certified copy of Kanam Assignment Deed dated 10-5-1963, Certified copy of Kanam Assignment Deed dated 11-5-1956, Certified copy of Kanam Assignment Deed dated 26-6-1949, Tax Receipt dated 8-9-2016, Tax Receipt dated 13-5-2014, Certified copy of Panayam Deed dated 5-3-1949
Advocates
Reliefs
Relief Type:
Partition
Outcome:
Granted
Description:
Partitioning of property into equal shares among legal heirs
Evidence:
The suit is decreed as follows: 1. Plaint schedule property shall be divided into 3328 equal shares by metes and bounds... Suit is adjourned sine die.
Documents & Evidence
Document Type:
Kanam Assignment Deed
Submitted By:
Plaintiff
Relevance:
Established ownership and transfer of shares
Reference:
A1
Document Type:
Certified Copy of Partition Deed
Submitted By:
Defendant
Relevance:
Used to support claims regarding property division
Reference:
B4
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
Partition of property
Case Code
Case between Muhammed kutty et al vs Mullappally Saidalavi et al regarding partition
Case Code Year
Case between Muhammed kutty et al vs Mullappally Saidalavi et al regarding partition