Case Summary
Noorjahan filed a suit for partition of property belonging to the legal heirs of her father, Avaran Haji, against multiple defendants claiming separate shares.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Partition of B schedule property with allotment of specific shares to each party
Case Type
Civil Suit - Partition
Final Judgment
No
The court decreed the suit for partition by dividing the B schedule property among the parties by shares and allotted specific shares to each defendant along with detailing the allocation of certain property items.
Why Plaintiff Won:
Existence of documented evidence supporting the genealogical relationship between the parties and lack of objection from the plaintiff for specific allocations favored the plaintiff.
Existence of documented evidence supporting the genealogical relationship between the parties and lack of objection from the plaintiff for specific allocations favored the plaintiff.
Losing Side's Weaknesses:
Existence of documented evidence supporting the genealogical relationship between the parties and lack of objection from the plaintiff for specific allocations favored the plaintiff.
Existence of documented evidence supporting the genealogical relationship between the parties and lack of objection from the plaintiff for specific allocations favored the plaintiff.
Supporting Evidence
No evidence from the first defendant to prove his claim over the house as per reservation. The lack of proper evidence in favor of the defendant no.1 supported the court's decision to allocate property accordingly in favor of the plaintiff.
Judgment Evidence:
Refuse to allocate property in reserve has no basis at all as defendant No.1 has no right to claim the same.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Noorjahan
- Party Age
- 46
- Relation
- W/o. Muhammed
- Party Role
- Defendant
- Party Name
- Musthafa
- Party Age
- 53
- Relation
- S/o. Kalamban Awaran Haji
- Party Role
- Defendant
- Party Name
- Suhara
- Party Age
- 50
- Relation
- D/o.Kalamban Awaran Haji
- Party Role
- Defendant
- Party Name
- Summayya
- Party Age
- 46
- Relation
- W/o. Hamza, D/o.Kalamban Awaran Haji
- Party Role
- Defendant
- Party Name
- Seenath
- Party Age
- 25
- Relation
- W/o. Subair, D/o.Kalamban Awaran Haji
- Party Role
- Defendant
- Party Name
- Cheethammu
- Party Age
- 68
- Relation
- W/o.Kalamban Awaran Haji
- Party Role
- Defendant
- Party Name
- Jameela
- Relation
- W/o.Kalamban Moidutty, D/o. Hamza
- Party Role
- Defendant
- Party Name
- Rukhiya
- Relation
- W/o. Kalamban Moidutty
- Party Role
- Defendant
- Party Name
- Majida
- Party Age
- 18
- Relation
- D/o. Kalamban Moidutty
Plaintiffs Documents
Copy of Panayam Assignment Deed No. 868/1959, Copy of Jenm Assignment Deed No. 2758/1978, Ownership certificate, Cash receipt, Copy of Panayam Assignment deed No. 193/1991
Defendants Documents
Ration Card No. 2054127051, Building tax receipts, Arrear demand notices and receipts, Electricity bills, Account statement
Advocates
Reliefs
Relief Type:
Partition
Outcome:
Granted
Description:
Partition of B schedule property with allotment of specific shares to each party
Evidence:
Existence of documented evidence supporting the genealogical relationship and lack of objection favored the plaintiff.
Documents & Evidence
Document Type:
Copy of Panayam Assignment Deed
Submitted By:
Plaintiff
Relevance:
Proved genealogical relationship
Reference:
A1
Document Type:
Copy of Jenm Assignment Deed
Submitted By:
Plaintiff
Relevance:
Proved property ownership
Reference:
A2
Document Type:
Ration Card
Submitted By:
Defendant
Relevance:
Evidence of residence
Reference:
B1
Document Type:
Electricity Bill
Submitted By:
Defendant
Relevance:
Supported claims of residence in the property
Reference:
B7(a)-B8(e)
Document Type:
Commission Report
Submitted By:
Defendant
Relevance:
Detailed property information
Reference:
C1
Case Classification
Case Type
Civil Suit - Partition
Category
Family Property and Partition
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Partition
Case Code
Case between Noorjahan vs Musthafa et al regarding partition
Case Code Year
Case between Noorjahan vs Musthafa et al regarding partition