Case Summary
The plaintiff, Shajimon K S, is seeking partition and separate possession of his share in the property inherited from his deceased parents, Sayed Muhammed and Pathumma. The defendants, Naseema sheriff and Beema Sajeev, dispute the plaintiff's entitlements, claiming prior oral agreements regarding the division of the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
A preliminary decree for partition of the property granted.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the plaintiff is entitled to a 2/4 share of the property while each defendant is entitled to a 1/4 share. The property is to be divided by means of an Advocate Commissioner.
Why Plaintiff Won:
The plaintiff proved his right to inheritance under Muslim law as a son entitled to double the share of each daughter.
The plaintiff proved his right to inheritance under Muslim law as a son entitled to double the share of each daughter.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
Under Muslim Law of Inheritance, the estate of a deceased Muslim devolves upon his heirs immediately on death, and each heir becomes co-owner in specific shares. The plaintiff, being the son, is entitled to a portion equal to that of two daughters.
Judgment Evidence:
In the result, The suit is decreed in part. 1. It is declared that the plaintiff is entitled to 2/4 share, and each of the defendants to 1/4 share in the plaint schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Shajimon K S
- Party Age
- 56
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Naseema sheriff
- Party Age
- 60
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Beema Sajeev
- Party Age
- 58
- Relation
- W/o
Plaintiffs Documents
Sale deeds No. 2485/1983, 1644/1984, 3924/1980, Property Tax Receipt, Tax Receipt issued by Land Revenue Department, Residential Certificate, Family Membership Certificate, Death Certificates of Sayed Muhammed and Pathumma.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Pramel P
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Deepthi Sathyan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
The plaintiff's entitlement to a 2/4 share of the plaint schedule property.
Evidence:
It is declared that the plaintiff is entitled to 2/4 share, and each of the defendants to 1/4 share in the plaint schedule property.
Relief Type:
Possession
Outcome:
Granted
Description:
Division of property through an Advocate Commissioner.
Evidence:
The property shall be divided by metes and bounds through an Advocate Commissioner, and separate possession of the plaintiff’s share shall be effected.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
These sale deeds establish the ownership of the property in question.
Reference:
Exts.A1 to A3
Document Type:
Property Tax Receipt
Submitted By:
Plaintiff
Relevance:
This document provides evidence of the tax liability related to the property.
Reference:
Ext.A4
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
This receipt indicates the property identification number in relation to land revenue.
Reference:
Ext.A5
Document Type:
Residential Certificate
Submitted By:
Plaintiff
Relevance:
This certificate supports the claim of residency related to the property.
Reference:
Ext.A6
Document Type:
Family Membership Certificate
Submitted By:
Plaintiff
Relevance:
This document establishes familial ties important for inheritance.
Reference:
Ext.A7
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
This certificate confirms the death of Saidu Mohammed, impacting the inheritance claim.
Reference:
Ext.A8
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
This certificate confirms the death of Fathumma, impacting the inheritance claim.
Reference:
Ext.A9
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Case Code
Case between Shajimon K S vs Naseema sheriff et al regarding partition and separate possession of property
Case Code Year
Case between Shajimon K S vs Naseema sheriff et al regarding partition and separate possession of property