Case Summary
The plaintiff, Suharabi. P.T, is seeking a partition of property jointly owned with the defendants, who are her siblings. The suit involves disputes over the shares each party is entitled to following the death of their mother.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court passed a preliminary decree for partition, declaring that the plaintiff has a 1/9 share and the defendants have 2/9 shares each in the property. Further proceedings regarding the division of the property were to be decided in the final decree stage.
Why Plaintiff Won:
The evidence presented did not satisfactorily disprove the plaintiff's claim to a share in the property.
The evidence presented did not satisfactorily disprove the plaintiff's claim to a share in the property.
Losing Side's Weaknesses:
The evidence presented did not satisfactorily disprove the plaintiff's claim to a share in the property.
The evidence presented did not satisfactorily disprove the plaintiff's claim to a share in the property.
Supporting Evidence
The presumption of ownership lies with the mother regarding property purchased in her name unless contrary evidence is provided.
Judgment Evidence:
In the result, Preliminary decree for partition is passed as below: 1.It is hereby declared that plaintiff is having 1/9 share and the defendant No.1 and defendant No.4 are having 2/9 share each.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Suharabi. P.T
- Party Age
- 54
- Relation
- W/o. Abdulla Koya
- Party Role
- Defendant
- Party Name
- P.T. Alikoya
- Party Age
- 52
- Relation
- S/o. Perumbarathodi Muhammad Kutty
- Party Role
- Defendant
- Party Name
- U.K. Ashraf
- Party Age
- 50
- Relation
- S/o. Perumbarathodi Muhammad Kutty
- Party Role
- Defendant
- Party Name
- P.T. Abdul Nazar
- Party Age
- 46
- Relation
- S/o. Perumbarathodi Muhammad Kutty
- Party Role
- Defendant
- Party Name
- P.T. Muhammad Rafi
- Party Age
- 44
- Relation
- S/o. Perumbarathodi Muhammad Kutty
- Party Role
- Defendant
- Party Name
- Rabiya
- Party Age
- 59
- Relation
- W/o. Late. Alikoya
Plaintiffs Documents
Certified Copy of Janman Assignment Deed No. 2265/2002 of SRO Meenchanda, Building Tax Receipts
Defendants Documents
Power of Attorney, Report from the Director Finger Print Bureau, Thiruvanathapuram
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. M. Jayadeep
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. B.M. Shamsudhin
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
The plaintiff is declared to have 1/9 share in the property.
Evidence:
A preliminary decree for partition is passed as below: 1.It is hereby declared that plaintiff is having 1/9 share and the defendant No.1 and defendant No. 4 are having 2/9 share each.
Documents & Evidence
Document Type:
Certified Copy of Janman Assignment Deed
Submitted By:
Plaintiff
Relevance:
This document is alleged to have been executed by the mother of the plaintiff in her favour.
Reference:
Ext.A1
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
These receipts stand in the name of Maryambi and not in the name of the plaintiff.
Reference:
Ext.A2
Document Type:
Power of Attorney
Submitted By:
Defendant
Relevance:
This document is a formal delegation of authority concerning the case.
Reference:
Ext.B1
Document Type:
Report from the Director Finger Print Bureau
Submitted By:
Defendant
Relevance:
This report was about the thumb impression comparison for determining the authenticity of Ext.A1.
Reference:
Ext.B2
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Case Code
Case between Suharabi. P.T vs P.T. Alikoya et al regarding partition
Case Code Year
Case between Suharabi. P.T vs P.T. Alikoya et al regarding partition