Case Summary
Plaintiffs, children of Parayil Kuttiyamu, filed a suit against defendants seeking partition of property inherited from their mother. The defendants claimed an oral gift from the mother, disputing the plaintiffs' rights over the property.
Judgment Outcome
Judgment Favored
Plaintiffs
Relief Granted
Partition of property
Case Type
Civil Suit - Partition
Final Judgment
No
The court decreed the suit for partition, dividing the property into 5 equal shares and ordering separate allotment to the parties.
Key Reasoning:
The defendant failed to provide evidence to substantiate the claim of an oral gift, leading to the court ruling in favor of the plaintiffs.
The defendant failed to provide evidence to substantiate the claim of an oral gift, leading to the court ruling in favor of the plaintiffs.
Losing Side's Weaknesses:
The defendant failed to provide evidence to substantiate the claim of an oral gift, leading to the court ruling in favor of the plaintiffs.
The defendant failed to provide evidence to substantiate the claim of an oral gift, leading to the court ruling in favor of the plaintiffs.
Supporting Evidence
When it is posted for evidence, no oral or documentary evidence was rendered by the first defendant to substantiate his contention as to the oral gift.
Judgment Evidence:
The court decreed the suit for partition ordering separate allotment of shares to each party in the property by metes and bounds.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Moosakkutty
- Party Age
- 64
- Relation
- Child of Parayil Kuttiyamu
- Party Role
- Plaintiff
- Party Name
- Moideenkutty
- Party Age
- 61
- Relation
- Child of Parayil Kuttiyamu
- Party Role
- Plaintiff
- Party Name
- Aboobacker
- Party Age
- 58
- Relation
- Child of Parayil Kuttiyamu
- Party Role
- Plaintiff
- Party Name
- Abdurahiman
- Party Age
- 51
- Relation
- Child of Parayil Kuttiyamu
- Party Role
- Defendant
- Party Name
- Parayil Ali
- Party Age
- 46
- Relation
- Son of Kuttiyamu
- Party Role
- Defendant
- Party Name
- Shafi
- Party Age
- 38
- Relation
- Child of Parayil Moideenkutty
- Party Role
- Defendant
- Party Name
- Shaji
- Party Age
- 36
- Relation
- Child of Parayil Moideenkutty
- Party Role
- Defendant
- Party Name
- Sameera
- Party Age
- 34
- Relation
- Child of Parayil Moideenkutty
Plaintiffs Documents
Ext.A1 - True copy of Partition Deed dated 27-3-1993, Tax receipt etc
Defendants Documents
Not available
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. K.A. Padmakumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt. Najmath Ampayapully
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Partition
Outcome:
Granted
Description:
Division of property into 5 equal shares and separate allotment to parties
Evidence:
The court decreed the suit for partition ordering separate allotment of shares to each party in the property by metes and bounds.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Substantiated the relationship between plaintiffs and defendants
Reference:
A1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Submitted by Advocate Commissioner
Reference:
C1
Document Type:
Commission Plan
Submitted By:
Court
Relevance:
Submitted by Advocate Commissioner
Reference:
C2
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 of property
Case Code
Case between Parayil Kuttiyamu's children et al vs Parayil Ali et al regarding partition of property
Case Code Year
Case between Parayil Kuttiyamu's children et al vs Parayil Ali et al regarding partition of property