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
The court passed a preliminary decree declaring that the petition schedule property is partitionable, allowing Sunil Mohammed to receive a greater share due to the defendant assigning her undivided share to him.
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.
Losing Side's Weaknesses:
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.
Supporting Evidence
Having considered the unchallenged oral testimony of PW1 and also the fact that PW1 approached the SHO Kakkanad with Ext. A5 petition requesting to investigate into missing of his brother Shri. Sajith, it is evident that the whereabouts of Sri. Sajith are not known for the last more than 7 years.
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
Parties
- Party Role
- Plaintiff
- Party Name
- Sunil Mohammed
- Party Age
- 50
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Smt. Meherunnisa
- Party Age
- 65
- Relation
- W/o
Plaintiffs Documents
Death Certificate of Smt. Kadeeja, Death Certificate of Mohammed Kunju, Legal heir certificate, Land Tax Receipt, Copy of complaint registered at Trikkakara Police Station
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P.U. Ziyad
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Susan Ziyad
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Natalia Ziyad
- Appearance Type
- Main Counsel
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
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Partition of property
Case Code
Case between Sunil Mohammed vs Smt. Meherunnisa regarding declaration and partition
Case Code Year
Case between Sunil Mohammed vs Smt. Meherunnisa regarding declaration and partition