Case Summary
The petitioners are the children of Nambyarath Pocker seeking a partition of property. The respondents are the children of Thengayyith Abdul Salam. The court granted a final decree for partition of the property after considering the Advocate Commissioner's report.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court allowed the petition for partition of property based on the Advocate Commissioner's report and plan. The property was to be divided into 144 equal shares.
Why Plaintiff Won:
The Advocate Commissioner effectively divided the property in accordance with the preliminary decree.
The Advocate Commissioner effectively divided the property in accordance with the preliminary decree.
Losing Side's Weaknesses:
The Advocate Commissioner effectively divided the property in accordance with the preliminary decree.
The Advocate Commissioner effectively divided the property in accordance with the preliminary decree.
Supporting Evidence
I hold a view that the Advocate Commissioner has effected division of property in tune with the preliminary decree.
Judgment Evidence:
In the result, the petition is allowed and final decree for partition is passed as follows: The decree schedule property shall be divided into 144 (One hundred and forty four) equal shares by metes and bounds.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sulaikha
- Party Age
- 43
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Aminakutty
- Party Age
- 41
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Safiya
- Party Age
- 39
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Muhammedkutty
- Party Age
- 37
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Ramla
- Party Age
- 34
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Sunaina
- Party Age
- 18
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Shahasin
- Party Age
- 16
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Muhammed Shafi
- Party Age
- 14
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Thengayyith Abdul Salam
- Party Age
- 45
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Others
Plaintiffs Documents
Ext. C1 report and C2 plan
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. E.C.Suresh
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. M.P.Hussain
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Final decree for partition of property as per the preliminary decree.
Evidence:
In the result, the petition is allowed and final decree for partition is passed as follows.
Relief Type:
Recovery
Outcome:
Granted
Description:
Petitioners are entitled to Rs.29,820/- as the cost of proceedings jointly.
Evidence:
Petitioners are entitled to get Rs.29,820/- as the cost of proceedings jointly.
Documents & Evidence
Document Type:
Commission Report
Submitted By:
Court
Relevance:
The report submitted by the Advocate Commissioner regarding the division of property.
Reference:
Ext.C1
Document Type:
Commission Plan
Submitted By:
Court
Relevance:
The plan submitted by the Advocate Commissioner detailing the allotment of property.
Reference:
Ext.C2
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 Nambyarath Pocker's Children vs Thengayyith Abdul Salam's children regarding partition of property
Case Code Year
Case between Nambyarath Pocker's Children vs Thengayyith Abdul Salam's children regarding partition of property