Case Summary
The plaintiffs, Naseema and others, are seeking a partition of property that devolved after their father's death. The defendant, Muhammed Ismail, is contesting the claims regarding the partitioning of the property.
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, allowing the plaintiffs to divide the property into equal parts among themselves and the defendant.
Why Plaintiff Won:
The property is partible among the parties and the plaintiffs established their claim.
The property is partible among the parties and the plaintiffs established their claim.
Losing Side's Weaknesses:
The property is partible among the parties and the plaintiffs established their claim.
The property is partible among the parties and the plaintiffs established their claim.
Supporting Evidence
The evidence showed that the property belonged to the deceased father of the parties and was partible.
Judgment Evidence:
In the result, the suit is decreed as follows: 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 of SRO, Kanjirappally, 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
- Adv. V.K. Somasekharan Nair
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. K.S. Muhammed Haris
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
Plaintiffs are granted 3/9 shares and defendant 2/9 shares in the partition of the property.
Evidence:
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 3 and 4 are allotted 2/9 shares severally.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
This document establishes the ownership of the plaint schedule property by the father of the plaintiffs.
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
This document supports the ownership and tax payment for the property.
Reference:
Ext.A2
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
This document verifies the death of the plaintiffs' father, establishing inheritance.
Reference:
Ext.A3
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
This document verifies the death of the plaintiffs' mother, establishing inheritance.
Reference:
Ext.A4
Document Type:
Family Settlement
Submitted By:
Defendant
Relevance:
This document was discussed as a photocopy regarding the partition but was deemed unreliable.
Reference:
Ext.B1
Document Type:
Land Tax Receipt
Submitted By:
Defendant
Relevance:
This document is related to the defendant's claim to property ownership.
Reference:
Ext.B2
Document Type:
Land Tax Receipt
Submitted By:
Defendant
Relevance:
This document is related to the defendant's claim to property ownership.
Reference:
Ext.B3
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