Case Summary
This case involves plaintiffs Pathummu, Safiya, Abdu Rasheed, Rafeekh, and Abdul Latheef who are seeking a partition of property originally belonging to Yakkeeri Unneenkutty. The defendant, Abdul Shukkoor, has opted to remain ex parte.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Preliminary decree for partition of property
Case Type
Civil Suit
Final Judgment
No
The suit is decreed and a preliminary decree for partition is passed, entitling the plaintiffs to 58 shares out of 72, with the defendant receiving 14 shares.
Why Plaintiff Won:
The plaintiffs proved their case with cogent and reliable evidence.
The plaintiffs proved their case with cogent and reliable evidence.
Losing Side's Weaknesses:
The plaintiffs proved their case with cogent and reliable evidence.
The plaintiffs proved their case with cogent and reliable evidence.
Supporting Evidence
Since the defendant remained ex-parte, the evidence adduced by the plaintiff remained unchallenged. I find no reason to disbelieve PW1. Therefore, I hold a view that the plaintiffs have proved the case by adducing cogent and reliable evidence and plaintiffs are entitled to get a decree as prayed for.
Judgment Evidence:
In the result, the suit is decreed and a preliminary decree for partition is passed as follows: i. The plaint A schedule property shall be divided into 72 (Seventy Two) equal shares by metes and bounds. ii. The plaintiffs are entitled to get 58 (Fifty Eight) shares, out of such 72 shares in the plaint A schedule property. iii. The defendant is entitled to get 14 shares, out of 72 shares in the plaint A schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Pathummu
- Party Age
- 57
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Safiya
- Party Age
- 34
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Abdu Rasheed
- Party Age
- 31
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Rafeekh
- Party Age
- 31
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Abdul Latheef
- Party Age
- 29
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Abdul Shukkoor
- Party Age
- 37
- Relation
- S/o
Plaintiffs Documents
Tax receipt dated 02.06.2018, Death certificate of Yakkeeri Unneen Kutty, Family Membership certificate.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. K.P.Jayaprakash
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Partition
Outcome:
Granted
Description:
Plaintiffs requested a partition of the property.
Evidence:
Therefore, I hold a view that the plaintiffs have proved the case by adducing cogent and reliable evidence and plaintiffs are entitled to get a decree as prayed for.
Documents & Evidence
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Used to establish the property ownership and evidence of payment
Reference:
Ext.A1
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Used to prove the death of Yakkeeri Unneen Kutty
Reference:
Ext.A2
Document Type:
Family Membership Certificate
Submitted By:
Plaintiff
Relevance:
Used to verify the family relationship and entitlement to the property
Reference:
Ext.A3
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Pathummu et al vs Abdul Shukkoor regarding partition.
Case Code Year
Case between Pathummu et al vs Abdul Shukkoor regarding partition.