Case Summary
The case involves Nalukandathil Musthafa and Nalukandathil Ismail, the plaintiffs, seeking a final decree for partition of property against Nalukandathil Noushad, the defendant. A preliminary decree had previously been established for partitioning the property into three shares.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Final decree for partition of property
Case Type
Civil Suit
Final Judgment
No
The court accepted the commissioner's report for the equitable division of the property and passed a final decree for partition. The plaintiffs were allotted a larger share compared to the defendant.
Why Plaintiff Won:
The commissioner effectively divided the property in accordance with the preliminary decree without objection from the plaintiffs.
The commissioner effectively divided the property in accordance with the preliminary decree without objection from the plaintiffs.
Losing Side's Weaknesses:
The commissioner effectively divided the property in accordance with the preliminary decree without objection from the plaintiffs.
The commissioner effectively divided the property in accordance with the preliminary decree without objection from the plaintiffs.
Supporting Evidence
The Advocate commissioner reported that the division was done equitably, with no objections from the plaintiffs.
Judgment Evidence:
In the result, final decree for partition is passed as follows: i. Property having an extent of 4.10 cents shown as schedule A in the Ext. C1 report and 'ABCDEFA' in the Ext.C2 plan is allotted to the 2/3 share of the 2ⁿᵈ petitioner in the decree schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Nalukandathil Musthafa
- Party Age
- 44
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Nalukandathil Ismail
- Party Age
- 40
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Nalukandathil Noushad
- Party Age
- 42
- Relation
- S/o
Plaintiffs Documents
Commissioner's report and plan
Defendants Documents
Not available
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. K. Vipin
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
Final decree for partition and possession of property allotted to the petitioners.
Evidence:
In the result, final decree for partition is passed as follows :- Property having an extent of 4.10 cents shown as schedule A in the Ext. C1 report and 'ABCDEFA' in the Ext.C2 plan is allotted to the 2/3 share of the 2ⁿᵈ petitioner in the decree schedule property.
Relief Type:
Possession
Outcome:
Granted
Description:
Allotment of property to the 1/3 share of the respondent.
Evidence:
Property having an extent of 2 cents shown as plot 1 and II in the B schedule to Ext. C1 report and Ext.C2 plan is allotted to the 1/3 share of the respondent in the decree schedule property.
Relief Type:
Other
Outcome:
Granted
Description:
Order for the 2ⁿᵈ petitioner to pay an amount towards equalization of shares.
Evidence:
The 2ⁿᵈ petitioner shall pay Rs. 4,231/- to the respondent towards equalisation of shares.
Documents & Evidence
Document Type:
Commissioner's Report
Submitted By:
Court
Relevance:
Marked as a crucial document outlining the findings of the Advocate Commissioner regarding the division of the property.
Reference:
Ext.C1
Document Type:
Plan
Submitted By:
Court
Relevance:
Marked as a crucial document providing the plan for the division of the property as reported by the Advocate Commissioner.
Reference:
Ext.C2
Document Type:
Assignment Deed
Submitted By:
Plaintiff
Relevance:
Document evidencing the assignment of the share in the decree schedule property by the 1st petitioner to the 2nd petitioner.
Reference:
Ext.A1
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Nalukandathil Musthafa, Nalukandathil Ismail vs Nalukandathil Noushad regarding partition and separate allotment of share
Case Code Year
Case between Nalukandathil Musthafa, Nalukandathil Ismail vs Nalukandathil Noushad regarding partition and separate allotment of share