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
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.
Judgment Evidence:
In the result, the suit is decreed... The defendants are restrained by a permanent prohibitory injunction from alienating, encumbering...
Parties Involved
Plaintiffs
Suhara (58 years years)
Karumakkattu House, Pallikkara Kara, Kunnathunadu Village
Defendants
Muhammed Salam (59 years years)
Karumakkattu House, Pallikkara Kara, Kunnathunadu Village
Asma Beevi (61 years years)
Karumakkattu House, Pallikkara Kara, Kunnathunadu Village
Sainaba (83 years years)
Karumakkattu House, Pallikkara Kara, Kunnathunadu Village
Shamsudheen (62 years years)
Karumakkattu House, Pallikkara Kara, Kunnathunadu Village
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)