Case Summary
A suit for partition of jointly purchased property where plaintiff claims entitlement to 5 out of 10 shares, while defendants each claim 1 share. Second defendant admitted the claim, but no oral evidence was presented.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Partition with allotment of shares as per entitlement
Case Type
Civil Suit - Partition
Final Judgment
No
The court decreed the suit for partition, granting the plaintiff 5 shares and each defendant 1 share in the property.
Why Plaintiff Won:
Reason not clearly mentioned
Reason not clearly mentioned
Losing Side's Weaknesses:
Reason not clearly mentioned
Reason not clearly mentioned
Supporting Evidence
Since the plaintiff has got ½ right over the plaint schedule property as per Ext.A1 document, he is entitled to get 5/10 shares in the plaint schedule property.
Judgment Evidence:
In the result, the suit is decreed and a preliminary decree for partition is passed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Thottupurath Kormman's Son Chatha
- Party Age
- 53
- Party Role
- Defendant
- Party Name
- Koran
- Party Age
- 60
- Relation
- S/o. Chakkan
- Party Role
- Defendant
- Party Name
- Thami
- Party Age
- 50
- Relation
- S/o. Chakkan
- Party Role
- Defendant
- Party Name
- Kamalavathi
- Party Age
- 48
- Relation
- D/o. Chakkan, W/o. Kunhadi
- Party Role
- Defendant
- Party Name
- Thankamani
- Party Age
- 42
- Relation
- W/o. Unnialan
- Party Role
- Defendant
- Party Name
- Chandramathi
- Party Age
- 45
- Relation
- W/o. Chatha
Plaintiffs Documents
Jenm Assignment Deed No. 1909/1982
Defendants Documents
Not mentioned
Advocates
Reliefs
Relief Type:
Partition
Outcome:
Granted
Description:
Partition with allotment of shares as per entitlement
Evidence:
The suit is decreed and a preliminary decree for partition is passed.
Documents & Evidence
Document Type:
Jenm Assignment Deed
Submitted By:
Plaintiff
Relevance:
Proved joint ownership of the plaint schedule property with Chakkan.
Reference:
NO. 1909/1982
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 Thottupurath Kormman's Son Chatha et al vs Koran et al regarding partition
Case Code Year
Case between Thottupurath Kormman's Son Chatha et al vs Koran et al regarding partition