ORIGINAL SUIT NO. 306 OF 2016

Case between Saithalavi vs Kuvvaparambil Muhammed's Children regarding partition of property.

Court

COURT OF THE MUNSIFF OF TIRUR

Judge

Smt. VINCY.T.V.

Order Date

2017-02-21

Duration

Judgement document from eCourt website

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Case Summary

The plaintiff Saithalavi is seeking partition of property that is jointly owned with the defendants, Kuvvaparambil Muhammed's Children. The suit arises from the plaintiff's claims for a share of the property previously owned by their mother.

Judgment Outcome

Plaintiff Won

Interim Order

The court allowed the petition for partition, granting the plaintiff their share of the property. The defendants received compensation for their respective shares.

Judgment Favored

Plaintiff

Relief Granted

Final decree for partition of property and monetary compensation to defendants.

Case Type

Civil Suit

Final Judgment

Why Plaintiff Won:
The court found that the division of the property was not practically feasible and the compromise terms were lawful.

Judgment Evidence:

In the result, the petition allowed and final decree for partition is passed as follows: 1. The plaint B schedule property is allotted to the share of plaintiff. 2. Plaintiff has paid Rs. 50,000/- (Rupees Fifty thousand only) to each defendant no. 1 to 3 towards compensation in lieu of share to which they are entitled.

Parties Involved

Plaintiffs

Saithalavi (60 years years) Kuvvaparambil House, Banglamkunnu, Ponmundam amsom, Chilavil Desom, Tirur Taluk.

Defendants

Nafeesa (57 years years) Ponmundam amsom, Chilavil desom, Banglamkunnu, Tirur Taluk Pathumma (55 years years) Ponmundam amsom, Chilavil desom, Banglamkunnu, Tirur Taluk Sulaikha (52 years years) Ponmundam amsom, Chilavil desom, Banglamkunnu, Tirur Taluk

Reliefs

Relief Type: Partition

Outcome: Granted

Description:

Final decree for partition of plaint B schedule property.

Evidence:

In the result, the petition allowed and final decree for partition is passed as follows.

Relief Type: Compensation

Outcome: Granted

Description:

Plaintiff has to pay Rs. 50,000 to each defendant towards compensation.

Evidence:

Plaintiff has paid Rs. 50,000 (Rupees Fifty thousand only) to each defendant no. 1 to 3 towards compensation in lieu of share to which they are entitled.

Documents & Evidence

Document Type: Document No.

Submitted By: Plaintiff

Relevance:

These documents establish the ownership of the plaint B schedule property.

Reference:

1548/1977 and 2288/1977

Document Type: Genealogical table

Submitted By: Unknown