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
Judgment Favored
Plaintiff
Relief Granted
Final decree for partition of property and monetary compensation to defendants.
Case Type
Civil Suit
Final Judgment
No
The court allowed the petition for partition, granting the plaintiff their share of the property. The defendants received compensation for their respective shares.
Why Plaintiff Won:
The court found that the division of the property was not practically feasible and the compromise terms were lawful.
The court found that the division of the property was not practically feasible and the compromise terms were lawful.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The compromise shall form part of the final decree. As the property cannot be conveniently divided between all the shares, the sale of the property and distribution of the proceeds would be more beneficial for all the shareholders.
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
Parties
- Party Role
- Plaintiff
- Party Name
- Saithalavi
- Party Age
- 60
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Nafeesa
- Party Age
- 57
- Party Role
- Defendant
- Party Name
- Pathumma
- Party Age
- 55
- Party Role
- Defendant
- Party Name
- Sulaikha
- Party Age
- 52
Plaintiffs Documents
Document No.1548/1977, Document No.2288/1977
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. M.A. Ismail
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Muhammed Basil Koya Thangal
- Appearance Type
- Main Counsel
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
Relevance:
The genealogical table shows the relationship between the plaintiff and defendants.
Reference:
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 Saithalavi vs Kuvvaparambil Muhammed's Children regarding partition of property.
Case Code Year
Case between Saithalavi vs Kuvvaparambil Muhammed's Children regarding partition of property.
Case Flags
Out-of-Court Settlement