Case Summary
Sunil Mohammed and Smt. Meherunnisa, the children of P.A. Mohammed Kunju and Kadeeja Mohammed Kunju, are involved in a suit for declaration and partition of their ancestral property. The case revolves around the missing brother, Sajith Mohammed, and the need to declare him dead for partition purposes.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff proved his claim as the sole legal heir and fulfilled the requirements for a declaration of death under Section 107 of the Indian Evidence Act.
The plaintiff proved his claim as the sole legal heir and fulfilled the requirements for a declaration of death under Section 107 of the Indian Evidence Act.
Judgment Evidence:
In the result, a preliminary decree is passed as follows. The plaint schedule property is found partible. Since no other legal heirs are available to the deceased parents of the plaintiff and also the fact that the defendant assigned her undivided share in the plaint schedule property in favour of the plaintiff, the plaintiff is entitled to get the plaint schedule property as his share.
Parties Involved
Plaintiffs
Sunil Mohammed (50 years years)
Karama House, Plot No:42, Mavelipuram, Kakkanad village, Kakkanad Desom, Kanayannur Taluk, Pin682 030
Defendants
Smt. Meherunnisa (65 years years)
23/79/3, 1A, Sreeramajayam Blue Hills, Kottilil lane, Kanattukara Village, Thrissur 680011
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
A declaration that Sri. Sajith Mohammed is dead.
Evidence:
A presumption can be drawn against Sri. Sajith under Section 107 of the Indian Evidence Act.
Relief Type:
Partition
Outcome:
Granted
Description:
Partition of the petition schedule property.
Evidence:
The plaint schedule property is found partible.
Documents & Evidence
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Shows that mother of PW1 is no more.
Reference:
Ext.A1
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Shows that Mohammed Kunju is no more.
Reference:
Ext.A2
Document Type:
Legal Heir Certificate
Submitted By:
Plaintiff
Relevance:
Proves plaintiff and defendant are legal heirs of their parents.
Reference:
Ext.A3
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Relates to the petition schedule property.
Reference:
Ext.A4
Document Type:
Complaint Copy
Submitted By:
Plaintiff
Relevance:
Copy of complaint registered at Thrikkakara Police Station regarding missing person.
Reference:
Ext.A5
Document Type:
Acknowledgement Card
Submitted By:
Plaintiff
Relevance:
Proof of delivery of the complaint letter.
Reference:
Ext.A6
Document Type:
Proof of Delivery
Submitted By:
Plaintiff
Relevance:
Proof of delivery of the complaint registered with the police.
Reference:
Ext.A7