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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
Case Closed

Judgement document from eCourt website

Judgment Document
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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
No
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.
Why Plaintiff Won:
The court found that the evidence adduced by the plaintiffs remained unchallenged.
Losing Side's Weaknesses:
The court found that the evidence adduced by the plaintiffs remained unchallenged.
Supporting Evidence
The plaintiffs mentioned about the document which was executed by their father Abdul Rahiman in favour of D1 to D3, they questioned the validity of the said document. The plaintiffs never admitted the genuinity of the said document. The defendants also failed to prove the existence of any such document.

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

Parties

Party Role
Plaintiff
Party Name
R.Hussain
Party Age
40
Relation
S/o
Party Role
Plaintiff
Party Name
R.Mamla
Party Age
48
Relation
D/o
Party Role
Plaintiff
Party Name
R.Fathima
Party Age
45
Relation
D/o
Party Role
Defendant
Party Name
Hassan
Party Age
28
Relation
S/o
Party Role
Defendant
Party Name
Anas
Party Age
26
Relation
S/o
Party Role
Defendant
Party Name
Shajimon
Party Age
24
Relation
S/o
Party Role
Defendant
Party Name
R.Anwar
Party Age
38
Relation
S/o
Plaintiffs Documents
Certified copy of Jenm Assignment Deed Doc. No. 1855/1990.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Sri. M.K.Moosakutty
Appearance Type
Main Counsel

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

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

Quick Facts

Location
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Sun, 02/15/2015 - 12:00
Case Closed
From
Fri, 02/01/2019 - 12:00
To
Thu, 02/28/2019 - 12:00
Outcome Confidence
90%

Involved Entities

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