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Original Suit No. 23 OF 2016

Case between Rasiya vs Peringattu Thodiyil Aboobacker Vaidyar et al regarding Partition

Court
COURT OF THE MUNSIFF OF TIRUR
Judge
Sri. JANKISH NARAYANAN
Order Date
2019-07-24
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

Rasiya, the plaintiff, is seeking a partition of the properties belonging to her deceased father, Aboobacker. The defendants are Aboobacker's children and relatives who are contesting the claims.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed the suit and passed a preliminary decree for partition of the properties among the parties as per their respective shares.
Judgment Favored
Plaintiff
Relief Granted
Preliminary decree for partition of properties
Case Type
Original Suit
Final Judgment
No
The court decreed the suit and passed a preliminary decree for partition of the properties among the parties as per their respective shares.
Why Plaintiff Won:
The plaintiff proved her case by adducing cogent and reliable evidence.
Losing Side's Weaknesses:
The plaintiff proved her case by adducing cogent and reliable evidence.
Supporting Evidence
Since the defendants remained exparte, the evidence adduced by the plaintiff remained unchallenged. I find no reason to disbelieve PW1. Therefore, I am satisfied that the plaintiff has proved his case by adducing cogent and reliable evidence.

Judgment Evidence:

In the result, the suit is decreed and a preliminary decree for partition is passed as follows:- I. The items No. 1 to 7 and 9 to 13 in the plaint B schedule properties shall be divided into 40 equal shares by metes and bounds.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Rasiya
Party Age
52
Relation
D/o
Party Role
Defendant
Party Name
Habeeb Rahman
Party Age
55
Relation
S/o
Party Role
Defendant
Party Name
Vaheeda
Party Age
50
Relation
W/o
Party Role
Defendant
Party Name
Sajida
Party Age
47
Relation
W/o
Party Role
Defendant
Party Name
Machincheri Thithikkutty Umma
Party Age
80
Relation
W/o
Party Role
Defendant
Party Name
Peringattu Thodiyil Hamza Vaidyar's children
Plaintiffs Documents
Certified copy of Partition Deed Doc. No.480/1959, Certified copy of Doc. No.2/1970, Certified copy of Kanam Assignment Deed Doc. No.74/1976, Certified copy of Jenm Assignment Deed Doc. No.1589/1995, Certified copy of Partition Deed Doc. No.4434/2006.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Sri.M.A.M.Rafeek
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Fameesha.C.M.T.
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Partition
Outcome: Granted
Description:
Plaintiff requested a decree for partition of the specified properties.
Evidence:
Therefore, I am satisfied that the plaintiff has proved his case by adducing cogent and reliable evidence. Hence the plaintiff is entitled to a decree as prayed for.
Relief Type: Costs
Outcome: Granted
Description:
Court allowed costs of the suit to be borne from the estate.
Evidence:
The costs of the suit shall be out of the estate.

Documents & Evidence

Document Type: Partition Deed
Submitted By: Plaintiff
Relevance:
The document establishes the property rights belonging to Aboobacker, from which the plaintiff and defendants derive their claims.
Reference:
Ext.A1
Document Type: Document
Submitted By: Plaintiff
Relevance:
The document pertains to property that devolved upon the plaintiff and defendants after Aboobacker's death.
Reference:
Ext.A2
Document Type: Kanam Assignment Deed
Submitted By: Plaintiff
Relevance:
Establishes the vested rights of property with Aboobacker, relevant for the joint ownership claim.
Reference:
Ext.A3
Document Type: Jenm Assignment Deed
Submitted By: Plaintiff
Relevance:
Indicates the purchase by the plaintiff and relevant for their claim to the property.
Reference:
Ext.A4
Document Type: Partition Deed
Submitted By: Plaintiff
Relevance:
Documents the partition of properties relevant to the claims in the suit.
Reference:
Ext.A5
Document Type: Commission Report
Submitted By: Court
Relevance:
Submitted to provide insights on the property in question under dispute.
Reference:
Ext.C1
Document Type: Commission Plan
Submitted By: Court
Relevance:
Provided a layout of the property which is relevant for the partition decision.
Reference:
Ext.C2

Case Classification

Case Type
Original Suit
Category
Property and Possession Disputes
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Rasiya vs Peringattu Thodiyil Aboobacker Vaidyar et al regarding Partition
Case Code Year
Case between Rasiya vs Peringattu Thodiyil Aboobacker Vaidyar et al regarding Partition

Quick Facts

Location
Tirur
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Case Closed
From
Mon, 07/01/2019 - 12:00
To
Wed, 07/31/2019 - 12:00
Outcome Confidence
90%

Involved Entities

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