Case Summary
Suhara filed a suit for partition and permanent injunction against her siblings and a neighboring property owner regarding ancestral property. The defendants contested the identification and ownership claims over the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
A preliminary decree for partition declaring the plaintiff's 7/30 share in the plaint A and B schedule property; a permanent prohibitory injunction against the defendants.
Case Type
Civil Suit
Final Judgment
No
The suit was decreed in favor of the plaintiff for partition, and the defendants were permanently restrained from alienating or wasting the plaint schedule properties.
Why Plaintiff Won:
The plaintiff established her entitlement to her share of the ancestral property based on Muslim law of succession.
The plaintiff established her entitlement to her share of the ancestral property based on Muslim law of succession.
Losing Side's Weaknesses:
The plaintiff established her entitlement to her share of the ancestral property based on Muslim law of succession.
The plaintiff established her entitlement to her share of the ancestral property based on Muslim law of succession.
Supporting Evidence
The evidence does not disclose that the defendants were ever vested with exclusive ownership over the whole land. Their possession... cannot mature into a right adverse to the plaintiff...
Judgment Evidence:
In the result, the suit is decreed... The defendants are restrained by a permanent prohibitory injunction from alienating, encumbering...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Suhara
- Party Age
- 58
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Muhammed Salam
- Party Age
- 59
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Asma Beevi
- Party Age
- 61
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Sainaba
- Party Age
- 83
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Shamsudheen
- Party Age
- 62
- Relation
- S/o
Plaintiffs Documents
Statement of Thandaper relating to the plaint schedule property, Right to Information Act reply, Certified copy of Settlement Deed No.3605/2016, Certified copy of Sale Deed No.1862/2019.
Defendants Documents
Photocopy of Settlement Deed No.3605/2016, Photocopy of Sale Deed No.1862/2019, Land Tax Receipt dated 03-07-2019, Certified copy of Location Sketch.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K M Alias
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- P V Shiji
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- K M Shamsudhin
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Russel Joy
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- P T Geevarghese
- Appearance Type
- Main Counsel
- Party Role
- Counter Claim Plaintiff
- Advocate Name
- P T Geevarghese
- Appearance Type
- Main Counsel
- Party Role
- Counter Claim Defendant
- Advocate Name
- K M Alias
- Appearance Type
- Main Counsel
- Party Role
- Counter Claim Defendant
- Advocate Name
- P V Shiji
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Partition
Outcome:
Granted
Description:
The plaintiff is entitled to partition her share in the plaint A and B schedule property.
Evidence:
A preliminary decree for partition is hereby passed, declaring that the plaintiff is entitled to have her 7/30 in the plaint A and B schedule property by metes and bounds.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants are restrained from alienating or committing waste upon the plaint schedule property.
Evidence:
The defendants are restrained by a permanent prohibitory injunction from alienating, encumbering, altering, or committing waste upon the plaint schedule property in any manner prejudicial to the plaintiff’s rights until final partition is effected.
Relief Type:
Permanent Prohibitory Injunction
Outcome:
Refused
Description:
The counterclaim by the fourth defendant for a permanent prohibitory injunction is dismissed.
Evidence:
The counterclaim filed by the fourth defendant is dismissed.
Documents & Evidence
Document Type:
Statement of Thandaper
Submitted By:
Plaintiff
Relevance:
This document provides evidence of the plaintiff's claim of ownership over the scheduled property.
Reference:
A1
Document Type:
Right to Information Reply
Submitted By:
Plaintiff
Relevance:
The document contains information relevant to the plaintiff's property claims.
Reference:
A2
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
This deed assigns property rights relevant to the case, particularly concerning the first defendant.
Reference:
A3
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
This sale deed is crucial for the counterclaim concerning the fourth defendant's claims.
Reference:
A4
Document Type:
Settlement Deed
Submitted By:
Defendant
Relevance:
A photocopy of the same Settlement Deed relied upon by the plaintiff, providing corroborative evidence for the first defendant's claims.
Reference:
B1
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
A photocopy related to the alleged property ownership of the fourth defendant, relevant for his counterclaim.
Reference:
B2
Document Type:
Land Tax Receipt
Submitted By:
Defendant
Relevance:
This receipt supports the claim of possession by the fourth defendant, although it does not confer title.
Reference:
B3
Document Type:
Location Sketch
Submitted By:
Defendant
Relevance:
This sketch pertains to the counterclaim property and is used to demonstrate the claimed pathway.
Reference:
B4
Document Type:
Commission Report
Submitted By:
Court
Relevance:
The report provides critical measurements and identifications of the plaint schedule property.
Reference:
C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
This sketch complements the Commission Report in identifying the properties involved.
Reference:
C1(a)
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This report and its plan are critical for determining the exact nature of the properties involved.
Reference:
C2
Document Type:
Plan
Submitted By:
Court
Relevance:
This plan is an accompanying document to the Commission Report which aids in understanding property boundaries.
Reference:
C2(a)
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Perumbavoor
Common Reasons
Partition
Case Code
Case between Suhara vs Muhammed Salam et al regarding partition and consequential injunction.
Case Code Year
Case between Suhara vs Muhammed Salam et al regarding partition and consequential injunction.