Case Summary
A suit for partition filed by the plaintiffs, legal heirs of Aayisumma, seeking division of property where defendant failed to comply with partition request.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Preliminary decree for partition
Case Type
Civil Suit - Partition
Final Judgment
No
The court decreed the suit for partition, passing a preliminary decree dividing the property into 11 equal shares.
Why Plaintiff Won:
The plaintiffs provided reliable evidence including document Ext.A1 supporting their claim for partition.
The plaintiffs provided reliable evidence including document Ext.A1 supporting their claim for partition.
Losing Side's Weaknesses:
The plaintiffs provided reliable evidence including document Ext.A1 supporting their claim for partition.
The plaintiffs provided reliable evidence including document Ext.A1 supporting their claim for partition.
Supporting Evidence
Since the defendant remained ex parte, the evidence adduced by PW1 remained unchallenged. I find no reason to disbelieve PW1. Therefore, I hold a view that the plaintiffs have proved their case by adducing cogent and reliable evidence and they are entitled for a decree as prayed for.
Judgment Evidence:
In the result, the suit is decreed and a preliminary decree for partition is passed as follows:-
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Valliyengal Kadar Haji's Children Safiya
- Party Age
- 49
- Relation
- W/o. Puzhakkal Muhammed Kutty
- Party Role
- Plaintiff
- Party Name
- Valliyengal Kadar Haji's Children Aboobacker
- Party Age
- 46
- Party Role
- Plaintiff
- Party Name
- Valliyengal Kadar Haji's Children Muhammed Shareef
- Party Age
- 43
- Party Role
- Plaintiff
- Party Name
- Valliyengal Kadar Haji's Children Sulaikha
- Party Age
- 40
- Relation
- W/o. Padikkaparambil Ayoob
- Party Role
- Plaintiff
- Party Name
- Valliyengal Kadar Haji's Children Ramla
- Party Age
- 38
- Relation
- W/o. Mailadikkunnath Abdul Basheer
- Party Role
- Plaintiff
- Party Name
- Valliyengal Kadar Haji's Children Seenath
- Party Age
- 35
- Relation
- W/o. Padathepeediyekkal Abdul Salam
- Party Role
- Plaintiff
- Party Name
- Valliyengal Kadar Haji's Children Haseena
- Party Age
- 32
- Relation
- W/o. Cherattayil Abdul Samad
- Party Role
- Defendant
- Party Name
- Alikkutty
- Party Age
- 52
- Relation
- S/o. Valliyengal Kadar Haji
Plaintiffs Documents
Jenm Assignment deed. No. 1767/2002
Defendants Documents
Not available
Advocates
Reliefs
Relief Type:
Partition
Outcome:
Granted
Description:
Decree for partition of the plaint B schedule property into 11 equal shares.
Evidence:
In the result, the suit is decreed and a preliminary decree for partition is passed as follows:-
Documents & Evidence
Document Type:
Jenm Assignment Deed
Submitted By:
Plaintiff
Relevance:
Document supporting ownership of the plaint B schedule property.
Reference:
No. 1767/2002
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
Partition
Case Code
Case between Valliyengal Kadar Haji's Children et al vs Alikkutty regarding partition
Case Code Year
Case between Valliyengal Kadar Haji's Children et al vs Alikkutty regarding partition