Case Summary
N.P.Shamsudheen is the plaintiff seeking partition of property that belonged to his deceased father. Defendants are his siblings challenging the claims over the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
A preliminary decree is passed for partition of property.
Case Type
Civil Suit
Final Judgment
No
The court passed a preliminary decree for partitioning the property among the siblings. The plaintiff is entitled to 2/5 share while each defendant is entitled to 1/5 share.
Why Plaintiff Won:
The plaint schedule property is partible, and plaintiff is entitled to share based on ownership.
The plaint schedule property is partible, and plaintiff is entitled to share based on ownership.
Losing Side's Weaknesses:
The plaint schedule property is partible, and plaintiff is entitled to share based on ownership.
The plaint schedule property is partible, and plaintiff is entitled to share based on ownership.
Supporting Evidence
Considering the overall evidence of PW1, it can be seen that there is no challenge to the evidence given by PW1. The plaint schedule property is partible and the plaintiff is entitled to 2/5 share.
Judgment Evidence:
In the result, a preliminary decree is passed as follows: 1) The plaint schedule property shall be divided into five equal shares and the plaintiff is entitled to get 2/5 share over the plaint schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- N.P.Shamsudheen
- Party Age
- 54
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Safreena.N.P
- Party Age
- 47
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- N.P.Subaida
- Party Age
- 58
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Beevi Jan
- Party Age
- 51
- Relation
- D/o
Plaintiffs Documents
Photocopy of Purchase certificate, Certified copy of Deed No.1352/1973, Death certificate of Alavi.N.P, Death certificate of Ayishabi.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.K.S.Vivek
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Noorudheen.K
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Jaideep singh
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Adv.Sunil Kumar.K.P
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
The plaint schedule property shall be divided into five equal shares.
Evidence:
The plaint schedule property shall be divided into five equal shares and the plaintiff is entitled to get 2/5 share over the plaint schedule property.
Relief Type:
Possession
Outcome:
Granted
Description:
Defendants are entitled to get 1/5 share each in the plaint schedule property.
Evidence:
Defendant No.1 to 3 are entitled to get 1/5 share each in the plaint schedule property.
Relief Type:
Other
Outcome:
Not Decided
Description:
The question as to the reservation of the house in the plaint schedule property.
Evidence:
The question as to the reservation of the house in the plaint schedule property is relegated to the final decree proceedings.
Relief Type:
Other
Outcome:
Granted
Description:
Parties are at liberty to file an application to appoint a commissioner to effect partition.
Evidence:
Any of the parties are at liberty to file an application under Order 20 Rule 18 C.P.C to appoint a commissioner to effect partition of plaint schedule property in accordance with the preliminary decree within three months from today.
Documents & Evidence
Document Type:
Photocopy of Purchase certificate
Submitted By:
Plaintiff
Relevance:
Used to establish the plaintiff's claim over the property.
Reference:
Ext.A1
Document Type:
Certified copy of Deed No.1352/1973, SRO Chalappuram
Submitted By:
Plaintiff
Relevance:
Used to prove ownership of the property by the plaintiff's father.
Reference:
Ext.A2
Document Type:
Death certificate of Alavi.N.P, issued by Kozhikode corporation
Submitted By:
Plaintiff
Relevance:
Used to verify the death of the plaintiff's father.
Reference:
Ext.A3
Document Type:
Death certificate of Ayishabi issued by Kozhikode corporation
Submitted By:
Plaintiff
Relevance:
Used to verify the death of the plaintiff's mother.
Reference:
Ext.A4
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Indicates attempts to settle the matter before litigation.
Reference:
Ext.A5
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Indicates further communication regarding the partition.
Reference:
Ext.A6
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of dispatch of legal documents.
Reference:
Ext.A6(a)
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Proof of receipt of legal documents.
Reference:
Ext.A6(b)
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Further communication related to the partition.
Reference:
Ext.A7
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Proof of dispatch of legal documents.
Reference:
Ext.A7(a)
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Proof of receipt of legal documents.
Reference:
Ext.A7(b)
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Proof of receipt of legal documents.
Reference:
Ext.A7(c)
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Demonstrates the plaintiff's communication efforts.
Reference:
Ext.A8
Document Type:
Unserved Cover
Submitted By:
Plaintiff
Relevance:
Related to communication with the defendants.
Reference:
Ext.A9
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Case Code
Case between N.P.Shamsudheen vs Safreena.N.P et al regarding partition.
Case Code Year
Case between N.P.Shamsudheen vs Safreena.N.P et al regarding partition.