Case Summary
Plaintiff Sulthan filed a suit seeking partition of a property that is currently in joint possession with the defendant Arshad, based on the plaintiff's purchase of the property and the defendant's alleged sale of the property to another individual.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Partition of property
Case Type
Civil Suit - Partition
Final Judgment
No
The court decreed the suit in favor of the plaintiff granting a preliminary decree for partition of the property into two equal shares, with each party entitled to one share.
Why Plaintiff Won:
The defendant failed to substantiate the claim of the property being sold to another individual, while the plaintiff's evidence and documents proved ownership and joint possession.
The defendant failed to substantiate the claim of the property being sold to another individual, while the plaintiff's evidence and documents proved ownership and joint possession.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The defendant failed to substantiate the claim of the property being sold to another individual, while the plaintiff's evidence and documents proved ownership and joint possession.
Judgment Evidence:
The court decreed the suit in favor of the plaintiff granting a preliminary decree for partition of the property into two equal shares, with each party entitled to one share.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sulthan
- Party Age
- 24
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Arshad
- Party Age
- 48
- Relation
- S/o
Plaintiffs Documents
Kanam assignment deed No.2562/1987, Tax receipts, Building tax receipts
Defendants Documents
Not available
Advocates
Reliefs
Relief Type:
Partition
Outcome:
Granted
Description:
Partition of the property into two equal shares
Evidence:
The court decreed the suit in favor of the plaintiff granting a preliminary decree for partition of the property into two equal shares, with each party entitled to one share.
Documents & Evidence
Document Type:
Kanam Assignment Deed
Submitted By:
Plaintiff
Relevance:
Ownership document showing acquisition of the property
Reference:
A1
Document Type:
Tax Receipts
Submitted By:
Plaintiff
Relevance:
Tax receipts for the property in the years 2011 and 2012
Reference:
A2(a), A2(b), A2(c)
Document Type:
Building Tax Receipts
Submitted By:
Plaintiff
Relevance:
Building tax receipts issued by the Grama Panchayath
Reference:
A3(a), A3(b)
Document Type:
Not available
Submitted By:
Defendant
Relevance:
Not mentioned in the judgment
Reference:
Case Classification
Case Type
Civil Suit - Partition
Category
Family Property and Partition
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Sulthan vs Arshad regarding partition of property
Case Code Year
Case between Sulthan vs Arshad regarding partition of property