Case Summary
Firoz Khan P and Safeer P are involved in a dispute over the partition of jointly owned property. The case is about dividing the property and clarifying ownership stakes after a demand for partition was denied by the defendant.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaint D schedule property and building therein are partitionable into two equal shares.
Case Type
Civil Suit
Final Judgment
No
The court found that the property is partitionable and granted each party a half share. The actual division will be determined in subsequent proceedings.
Why Plaintiff Won:
The plaint D schedule property is jointly owned and is determined to be partitionable.
The plaint D schedule property is jointly owned and is determined to be partitionable.
Losing Side's Weaknesses:
The plaint D schedule property is jointly owned and is determined to be partitionable.
The plaint D schedule property is jointly owned and is determined to be partitionable.
Supporting Evidence
Thus, it is found out that plaint D schedule property is partitionable. Further, it is determined, what is the share to be allotted to the plaintiff and defendant. It is found out that the plaintiff and defendant are entitled to ½ share over plaint D schedule property.
Judgment Evidence:
Upon the findings in issue No.1, it came into light that the plaint schedule property is partible, therefore a preliminary decree is passed as follows: 1. The plaint D schedule property and building therein are partitionable into two equal shares by metes and bounds.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Firoz Khan P
- Party Age
- 52
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Safeer P
- Party Age
- 50
- Relation
- S/o
Plaintiffs Documents
Certified Copy of Partition Deed No.2599/2006, Certified Copy of Sale Deed No.2560/2006, Certified Copy of Sale Deed No.337/1996, Tax Receipt
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Kulathoor. S.V. Premakumaran Nair
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Vamanapuram S. Suresh
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.N. Madhusoodanan Nair
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. B. Vasudevan Nair
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
The plaint D schedule property and building therein are held to be partible into two equal shares.
Evidence:
Thus, it is found out that plaint D schedule property is partiable. Further, it is determined, what is the share to be allotted to the plaintiff and defendant.
Relief Type:
Other
Outcome:
Granted
Description:
Preliminary decree passed declaring each party entitled to ½ share.
Evidence:
The plaintiff and the defendant are entitled to ½ share each in the plaint D schedule property and the building therein.
Relief Type:
Other
Outcome:
Not Decided
Description:
Final decree for actual division of properties and putting up of boundary.
Evidence:
The actual division of properties of plaintiff and defendant and its putting up of boundary in between properties can be adjudicated in final decree proceedings.
Documents & Evidence
Document Type:
Certified Copy of Partition Deed
Submitted By:
Plaintiff
Relevance:
Used to establish the joint ownership and partition of the property.
Reference:
Ext.A1
Document Type:
Certified copy of Sale Deed
Submitted By:
Plaintiff
Relevance:
Used to support claims regarding ownership of the property.
Reference:
Ext.A2
Document Type:
Certified copy of Sale Deed
Submitted By:
Plaintiff
Relevance:
Used to verify the ownership of the property by the plaintiff and defendant.
Reference:
Ext.A3
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Demonstrates that the plaintiff and defendant are paying tax in their joint names.
Reference:
Ext.A4
Document Type:
Oral Evidence
Submitted By:
Plaintiff
Relevance:
Testimony from the plaintiff supporting the claims made regarding joint ownership and partition.
Reference:
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
OS.NO.
Case Code Year
2022