ORIGINAL SUIT No. 126 OF 2015

Case between R.Hussain et al vs Hassan et al regarding partition

Court

COURT OF THE MUNSIFF OF TIRUR

Judge

Smt.NIMMI.K.K.

Order Date

2019-02-28

Duration

Judgement document from eCourt website

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Case Summary

The plaintiffs, R.Hussain, R.Mamla, and R.Fathima are seeking a partition of a property originally belonging to their father Abdul Rahman. The defendants, Hassan, Anas, and Shajimon, are also children of Abdul Rahman from a different marriage, and the matter involves the rightful shares of the property.

Judgment Outcome

Plaintiff Won

Interim Order

The court passed a preliminary decree for partitioning the plaint B schedule property into equal shares among the plaintiffs and defendants as per their respective entitlements.

Judgment Favored

Plaintiff

Relief Granted

Case Type

Civil Suit

Final Judgment

Why Plaintiff Won:
The court found that the evidence adduced by the plaintiffs remained unchallenged.

Judgment Evidence:

In the result, Preliminary decree passed as follows: 1. That the plaint B schedule property shall be divided into 48 equal shares by mets and bounds. 2. That the 1st plaintiff and D4 are entitled to get 6 share each out of 48 shares. 3. That the 2ⁿᵈ and 3ʳᵈ plaintiff are entitled to get 3 share each out of 48 shares. 4. That the defendant No.1 to 3 are entitled to get 10 share each out of 48 shares.

Parties Involved

Plaintiffs

R.Hussain (40 years years) R.Mamla (48 years years) R.Fathima (45 years years) Pachaikal Veeraswamy Street, Ayanavaram, Ayanavaram Division, Chennai Dist

Defendants

Hassan (28 years years) Payanatu House, Pachattiri amsom Paravanna desom & Post, Tirur Taluk. Anas (26 years years) Payanatu House, Pachattiri amsom Paravanna desom & Post, Tirur Taluk. Shajimon (24 years years) Payanatu House, Pachattiri amsom Paravanna desom & Post, Tirur Taluk. R.Anwar (38 years years) Pachaikal Veeraswamy Street, Ayanavaram, Ayanavaram, Division, Chennai Dist.

Reliefs

Relief Type: Possession

Outcome: Granted

Description:

Preliminary decree passed for partition of the plaint B schedule property.

Evidence:

In the result, Preliminary decree passed as follows: 1. That the plaint B schedule property shall be divided into 48 equal shares by mets and bounds.

Documents & Evidence

Document Type: Certified Copy of Jenm Assignment deed

Submitted By: Plaintiff

Relevance:

This document evidences the original ownership of the plaint B schedule property by Abdul Rahiman and Shajahan.

Reference:

Ext.A1