Case Summary
The case involves a partition of property among the plaintiffs, who are the legal heirs of Mr. Muhammed Sidni, and the defendant, Vaheeda Beevi. The plaintiffs claim their rights over the property after the death of their mother, Mrs. Majida Beevi.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Division of plaint schedule property by metes and bounds.
Case Type
Original Suit
Final Judgment
No
A preliminary decree for partitioning the property was passed in favor of the plaintiffs. The property will be divided as per the shares outlined according to Mohammedan law.
Why Plaintiff Won:
The plaintiffs established their claims as legal heirs under Mohammedan law.
The plaintiffs established their claims as legal heirs under Mohammedan law.
Losing Side's Weaknesses:
The plaintiffs established their claims as legal heirs under Mohammedan law.
The plaintiffs established their claims as legal heirs under Mohammedan law.
Supporting Evidence
Through the unchallenged oral and documentary evidence, the plaintiffs have established that the plaint schedule property is partible as per the Mohammedan Law.
Judgment Evidence:
In the result, a preliminary decree is passed as follows: - Plaint schedule property is divided by metes and bounds and first plaintiff is entitled to get 2/5th share, plaintiff Nos. 2, 3 and 4 are jointly entitled to get 2/5th share over the plaint schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Muhammed Gasini
- Party Age
- 57
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Bushara Beevi
- Party Age
- 56
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Sibin
- Party Age
- 38
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Sajin
- Party Age
- 35
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Vaheeda Beevi
- Party Age
- 54
- Relation
- D/o
Plaintiffs Documents
Certified copy of gift deed No. 486/1968, Partition deed No. 1693/1994, Tax receipt dated 04.07.2023, Death certificate of Mrs. Majida Beevi, Death certificate of Mr. Muhammed Sidini, Power of attorney executed by third plaintiff in favour of second plaintiff, Power of attorney executed by fourth plaintiff in favour of second plaintiff.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. S. Joy
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. G. Vinod
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. P.S. Jobin
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
A preliminary decree is passed for the partition of the plaint schedule property.
Evidence:
In the result, a preliminary decree is passed as follows: - Plaint schedule property is divided by metes and bounds and first plaintiff is entitled to get 2/5th share, plaintiff Nos. 2, 3 and 4 are jointly entitled to get 2/5th share over the plaint schedule property.
Documents & Evidence
Document Type:
Certified Copy of Gift Deed
Submitted By:
Plaintiff
Relevance:
This document establishes the ownership and transfer of property from Mrs. Majida Beevi.
Reference:
Ext.A1
Document Type:
Certified Copy of Partition Deed
Submitted By:
Plaintiff
Relevance:
This document shows the partition of property as per legal requirements.
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
This document serves as proof of property tax payment for the relevant property.
Reference:
Ext.A3
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
This document certifies the death of Mrs. Majida Beevi, a key constituent in determining the heirs.
Reference:
Ext.A4
Document Type:
Copy of Death Certificate
Submitted By:
Plaintiff
Relevance:
This document certifies the death of Mr. Muhammed Sidini, relevant for establishing heirs.
Reference:
Ext.A5
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
This document grants authority from the third plaintiff to the second plaintiff.
Reference:
Ext.A6
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
This document grants authority from the fourth plaintiff to the second plaintiff.
Reference:
Ext.A7
Case Classification
Case Type
Original Suit
Category
Property and Possession Disputes
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiffs Court, Varkala
Common Reasons
Partition of property
Case Code
Case between Muhammed Gasini et al vs Vaheeda Beevi regarding partition
Case Code Year
Case between Muhammed Gasini et al vs Vaheeda Beevi regarding partition