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
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.
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
Plaintiffs
Nalukandathil Musthafa (44 years years)
Tirur Amsom, Desom, Pookkayil, Tirur Taluk
Nalukandathil Ismail (40 years years)
Tirur Amsom, Desom, Pookkayil, Tirur Taluk
Defendants
Nalukandathil Noushad (42 years years)
Tirur Amsom, Desom, Pookkayil, Tirur Taluk
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