Case Summary
Naseema, Rahuma Beevi, Saleema P.S., Muhammad Rafi, and Muhammed Abbas are plaintiffs seeking partition of property belonging to their deceased father. The defendant, Muhammed Ismail, denies the claims and challenges the partitioning.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaint schedule property shall be divided into 9 equal parts.
Case Type
Civil Suit
Final Judgment
No
The suit for partition is decreed. The plaintiffs are allotted 1/9 shares and the defendant is allotted 2/9 shares of the property. A commission will be appointed for the partition.
Why Plaintiff Won:
The property is partible and entitled to be divided among the parties based on inheritance laws.
The property is partible and entitled to be divided among the parties based on inheritance laws.
Losing Side's Weaknesses:
The property is partible and entitled to be divided among the parties based on inheritance laws.
The property is partible and entitled to be divided among the parties based on inheritance laws.
Supporting Evidence
From the above discussion, it can be seen that, plaint schedule property are in joint possession and title of plaintiffs and defendant and is liable to be partitioned as noted above.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. The plaint schedule property shall be divided into 9 equal parts, of which plaintiffs 1 to 3 are allotted 1/9 shares severally and plaintiffs 4 and 5 are allotted 2/9 shares severally. Defendant 1 is entitled for 2/9 shares.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Naseema
- Party Age
- 72
- Relation
- W/o Usman
- Party Role
- Plaintiff
- Party Name
- Rahuma Beevi
- Party Age
- 67
- Relation
- W/o Thambikkannu
- Party Role
- Plaintiff
- Party Name
- Saleema P.S.
- Party Age
- 63
- Relation
- W/o Muhammdaly
- Party Role
- Plaintiff
- Party Name
- Muhammad Rafi
- Party Age
- 54
- Relation
- S/o Ibrahim
- Party Role
- Plaintiff
- Party Name
- Muhammed Abbas
- Party Age
- 50
- Relation
- S/o Ibrahim
- Party Role
- Defendant
- Party Name
- Muhammed Ismail
- Party Age
- 57
- Relation
- S/o Ibrahim
Plaintiffs Documents
Sale deed No. 4246/1124 (M/E), Land Tax receipt No. K05021207334/2023, Death Certificate of P.M. Ibrahim, Death certificate of Subaitha Ibrahim.
Defendants Documents
Family Settlement (Subject to proof), Land tax receipt No. KL05021205735/2024, Land Tax receipt No. KL05021205733/2024.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- V.K. Somasekharan Nair
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K.S. Muhammed Haris
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Partition
Outcome:
Granted
Description:
Suit for partition of property among plaintiffs and defendant.
Evidence:
In the result, the suit is decreed as follows: The plaint schedule property shall be divided into 9 equal parts.
Relief Type:
Commission for Partition
Outcome:
Granted
Description:
Application for a commission with the assistance of a surveyor for effecting partition.
Evidence:
For effecting partition of metes and bounds, the plaintiffs shall apply for a commission with assistance of a surveyor.
Relief Type:
Final Decree Steps
Outcome:
Granted
Description:
Order for plaintiffs to take steps for passing of final decree.
Evidence:
Plaintiff shall take steps within a period of two months from the date of receipt of certified copy of this decree for passing of final decree.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
This sale deed establishes the ownership of the plaint schedule property.
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
This receipt evidences the tax payment for the property.
Reference:
Ext.A2
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
This document confirms the death of the deceased property owner.
Reference:
Ext.A3
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
This document confirms the death of the deceased's mother.
Reference:
Ext.A4
Document Type:
Family Settlement
Submitted By:
Defendant
Relevance:
This document was referenced in relation to the parties' claims regarding property division but was not proved.
Reference:
Ext.B1
Document Type:
Land Tax Receipt
Submitted By:
Defendant
Relevance:
This document is a tax receipt associated with the properties claimed by the defendant.
Reference:
Ext.B2
Document Type:
Land Tax Receipt
Submitted By:
Defendant
Relevance:
This document is another tax receipt related to the defendant's claims.
Reference:
Ext.B3
Document Type:
Oral Evidence
Submitted By:
Oral evidence
Relevance:
Testimonies provided by witnesses on both sides were considered during the case.
Reference:
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Common Reasons
Partition of property
Case Code
O.S
Case Code Year
2021