Case Summary
Muhammed Khalifa, a minor, is suing Babu for partition of property previously owned by their deceased grandmother, Smt. Subhadra Amma. The plaintiff claims half share of the properties due to his father’s relationship with the plaintiff's mother.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaint schedule property is divided into two equal parts and plaintiff is entitled to get one such share.
Case Type
Original Suit
Final Judgment
No
The court granted a preliminary decree for partition of the plaint schedule property into two equal shares, awarding one share to the plaintiff. No order as to costs was made.
Why Plaintiff Won:
The plaintiff established through unchallenged evidence that the plaint schedule property is partible.
The plaintiff established through unchallenged evidence that the plaint schedule property is partible.
Losing Side's Weaknesses:
The plaintiff established through unchallenged evidence that the plaint schedule property is partible.
The plaintiff established through unchallenged evidence that the plaint schedule property is partible.
Supporting Evidence
The plaintiff has established that the plaint schedule property is partible and entitled to half share over the plaint schedule properties.
Judgment Evidence:
In the result, a preliminary decree is passed as follows: - 1.Plaint schedule property is divided into two equal parts by metes and bounds and plaintiff is entitled to get one such share over plaint schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Muhammed Khalifa
- Party Age
- 6
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Beemakannu
- Party Age
- 44
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Babu
- Party Age
- 55
- Relation
- S/o
Plaintiffs Documents
Certified copy of settlement deed No 644/1958 of S.R.O., Navaikulam, Death certificate of Smt. Subhadra Amma.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. A. Shaheer
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. N. Jain
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Partition
Outcome:
Granted
Description:
Plaint schedule property is divided into two equal parts by metes and bounds.
Evidence:
So this court is of the view that plaint schedule properties can be divided into two equal shares and plaintiff is entitled to get half share.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of settlement deed no.644/1958 of S.R.O, Navaikulam, establishing the property rights.
Reference:
Ext.A1
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Death certificate of Smt.Subhadra Amma, issued by Navaikulam Grama Panchayath, dated 27/02/2024.
Reference:
Ext.A3
Document Type:
Oral Evidence
Submitted By:
Plaintiff
Relevance:
The next friend of the plaintiff was examined as PW1.
Reference:
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 Khalifa et al vs Babu regarding partition of property
Case Code Year
Case between Muhammed Khalifa et al vs Babu regarding partition of property