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
Judgment Favored
Plaintiff
Relief Granted
Preliminary decree for partition of properties
Case Type
Original Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff proved her case by adducing cogent and reliable evidence.
The plaintiff proved her 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
Plaintiffs
Rasiya (52 years years)
Valiyakunnu amsom desom & Post, Kodumudi, Tirur Taluk. PIN – 676 552.
Defendants
Habeeb Rahman (55 years years)
Valancheri, Irumbiliyam amsom desom & Post, Tirur Taluk. PIN 676 552.
Vaheeda (50 years years)
Kaithakath House, A.R.Nagar amsom desom & Post, PIN 676 305. Tirurangadi Taluk.
Sajida (47 years years)
Vadappali House, Vettom amsom desom & Post, Tirur Taluk. PIN - 676 102.
Machincheri Thithikkutty Umma (80 years years)
Valancheri, Irumbiliyam amsom desom & Post, Tirur Taluk. PIN 676 552.
Peringattu Thodiyil Hamza Vaidyar's children (Age not specified years)
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