Case Summary
Plaintiff T.V. Yousaf filed a suit against defendants seeking partition of properties owned jointly with the defendants. Defendants contested the suit, but plaintiff provided evidence to prove co-ownership and entitlement to specific shares.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Preliminary decree for partition
Case Type
Civil Suit - Partition
Final Judgment
No
The court granted a preliminary decree for partition, allotting specific shares to the parties.
Why Plaintiff Won:
Plaintiff provided cogent and reliable evidence to prove entitlement to specific shares as per the partition deed and property ownership.
Plaintiff provided cogent and reliable evidence to prove entitlement to specific shares as per the partition deed and property ownership.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The plaintiff was examined as PW1. Ext.A1 to A7 were marked on the side of the plaintiff. No evidence was adduced by the defendants.
Judgment Evidence:
Therefore, I hold a view that the plaintiff has proved his case by adducing cogent and reliable evidence and he is entitled for a decree as prayed for.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- T.V. Yousaf
- Party Age
- 46
- Relation
- S/o. Thottivalappil Moideenkutty
- Party Role
- Defendant
- Party Name
- Muhammed Kutty
- Party Age
- 43
- Relation
- S/o Thottivalappil Moideenkutty
- Party Role
- Defendant
- Party Name
- Khadeeja
- Party Age
- 36
- Relation
- D/o Thottivalappil Moideenkutty, W/o Parambadan Muhammedkutty
- Party Role
- Defendant
- Party Name
- Shamsudheen
- Party Age
- 35
- Relation
- S/o Thottivalappil Moideenkutty
- Party Role
- Defendant
- Party Name
- Suhara
- Party Age
- 28
- Relation
- D/o Thottivalappil Moideenkutty
- Party Role
- Defendant
- Party Name
- Sajida
- Party Age
- 33
- Relation
- W/o Thottivalappil Kunhalankutty, D/o Charapparambil Mammunni
- Party Role
- Defendant
- Party Name
- Muhammad Suraih
- Party Age
- 11
- Relation
- Minor, S/o Thottivalappil Kunhalankutty
Plaintiffs Documents
Death Certificate of Kunhalankutty, Birth Certificate of Muhammad Suraih, Jenm Assignment Deeds, Partition Deed, Tax Receipt
Defendants Documents
Not available
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Suresh A.Alingal
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Ahammed Sameer
- Appearance Type
- Assisting Counsel
- Party Role
- Court guardian
- Advocate Name
- Smt. Lilly Krishnan
- Appearance Type
- Court Guardian
Reliefs
Relief Type:
Partition
Outcome:
Granted
Description:
Preliminary decree for partition of properties with specific allotment of shares to each party.
Evidence:
The plaintiff proved entitlement through cogent and reliable evidence.
Documents & Evidence
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Evidence regarding deceased party's share entitlement
Reference:
A1
Document Type:
Birth Certificate
Submitted By:
Plaintiff
Relevance:
Proof of identity and relation
Reference:
A2
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Documentary evidence regarding partition of properties
Reference:
A6
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Financial evidence relating to the property
Reference:
A7
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
Property Partition
Case Code
Case between T.V. Yousaf vs Muhammed Kutty et al regarding partition of properties
Case Code Year
Case between T.V. Yousaf vs Muhammed Kutty et al regarding partition of properties