Case Summary
The plaintiffs, led by Abdulla Barami, sought partition of a property originally belonging to their predecessors. They allege that defendant MK Hassan, prior to his death, mismanaged the property and income derived from it.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court granted a preliminary decree for partitioning the property, allocating specific shares to each plaintiff and defendant group.
Why Plaintiff Won:
The court found that the plaint schedule property is partible and plaintiffs have a rightful share based on the ownership documents.
The court found that the plaint schedule property is partible and plaintiffs have a rightful share based on the ownership documents.
Losing Side's Weaknesses:
The court found that the plaint schedule property is partible and plaintiffs have a rightful share based on the ownership documents.
The court found that the plaint schedule property is partible and plaintiffs have a rightful share based on the ownership documents.
Supporting Evidence
The court determined that the plaint schedule property is partible and that the plaintiffs are entitled to a share based on the ownership records and presented evidence.
Judgment Evidence:
In the result and based on my findings on issues number 1 to 3, a preliminary decree is passed as follows: 1. That the plaint schedule property shall be divided into 9 equal shares by metes and bounds and the plaintiffs are entitled to get 3/9 share jointly.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Abdulla Barami
- Party Age
- 81
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Fakrudheen Ahammed Bharami
- Party Age
- 58
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Naval Abdulla
- Party Age
- 41
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Thaarak Abdulla Bharami
- Party Age
- 48
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Husna Abdul Nazir
- Party Age
- 53
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- MK Hassan
- Party Age
- 70
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- PK Alikoya
- Party Age
- 78
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- PK Kadhirikoya
- Party Age
- 74
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- PK Abdulla Koya
- Party Age
- 70
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- PK Musthafa
- Party Age
- 67
- Relation
- S/o
Plaintiffs Documents
Copy of lawyer notice dated 10.10.2018, Certified copy of Jenmam Assignment deed No.5082/1980.
Defendants Documents
Certified copy of Kooli Kacheettu No.259/1968, Trade License No.210/VII/22.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Faizal P Mukkam
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Sudhakaran
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt. Fabeema K Haneef
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Binoy das VV
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. A Vinod Kumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Arun Krishna
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Amal Krishna P
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. Vandana Ramakrishnan
- Appearance Type
- Guardian Counsel
Reliefs
Relief Type:
Partition
Outcome:
Granted
Description:
Plaint schedule property shall be divided into equal shares.
Evidence:
A preliminary decree is passed as follows: That the plaint schedule property shall be divided into 9 equal shares by metes and bounds and the plaintiffs are entitled to get 3/9 share jointly.
Relief Type:
Mesne Profits
Outcome:
Not Decided
Description:
Claim for mesne profits from the property rental income.
Evidence:
The question regarding the mesne profits are relegated to the final decree proceedings.
Documents & Evidence
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Served to seek partition of property.
Reference:
Ext.A1
Document Type:
Jenmam assignment deed
Submitted By:
Plaintiff
Relevance:
Proves the transfer of property rights.
Reference:
Ext.A2
Document Type:
Legal heirship certificate
Submitted By:
Plaintiff
Relevance:
Establishes the heirs of the deceased property owner.
Reference:
Ext.A3
Document Type:
Coolie Kachit
Submitted By:
Defendant
Relevance:
Indicates the tenancy history of the property.
Reference:
Ext.B1
Document Type:
Trade License
Submitted By:
Defendant
Relevance:
Shows the defendants' legal entitlement to operate a business.
Reference:
Ext.B2
Document Type:
List of places used for Industries
Submitted By:
Court
Relevance:
Related to the business licensing of the property.
Reference:
Ext.X1
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Case Code
Case between Abdulla Barami et al vs MK Hassan et al regarding partition.
Case Code Year
Case between Abdulla Barami et al vs MK Hassan et al regarding partition.