Case Summary
The plaintiffs and the defendants are the legal heirs of Abdu Rahiman, who died in 2014. The case involves a partition of the properties belonging to Abdu Rahiman among his heirs according to Muslim Sariyath Law.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Preliminary decree for partition
Case Type
Original Suit
Final Judgment
No
The suit is decreed, and a preliminary decree for partition is passed. The property is divided into shares amongst the parties as per Muslim Sariyath Law.
Why Plaintiff Won:
The plaintiffs have established their claims over the property through valid documents.
The plaintiffs have established their claims over the property through valid documents.
Losing Side's Weaknesses:
The plaintiffs have established their claims over the property through valid documents.
The plaintiffs have established their claims over the property through valid documents.
Supporting Evidence
The plaintiffs have contended that Abdurahiman had decided to assign portions of land in favour of plaintiff No.2 and defendant No.1; however, they could not substantiate their claim by adducing cogent evidence.
Judgment Evidence:
In the result, the suit is decreed and a preliminary decree for partition is passed as follows; The plaint schedule property is divided by metes and bounds into 48 equal shares.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sara
- Party Age
- 55
- Relation
- W/o. Late Abdurahiman
- Party Role
- Plaintiff
- Party Name
- Sareej
- Party Age
- 41
- Relation
- S/o. Late Abdurahiman
- Party Role
- Defendant
- Party Name
- Sarafudheen E.K.
- Party Age
- 41
- Relation
- S/o. Late Abdurahiman
- Party Role
- Defendant
- Party Name
- Sahira E.K.
- Party Age
- 37
- Relation
- W/o. Abdul Gafoor
- Party Role
- Defendant
- Party Name
- Sameera E.K.
- Party Age
- 34
- Relation
- W/o. Siraj
Plaintiffs Documents
Gift deed No.419/1982, Jenmam assignment deed No.1692/1984, Settlement deed No.2858/2022, Legal heirship certificate of deceased Abdurahiman E.K.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. M. Youseph
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Danoj Kumar P.K.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
Partition of plaint B and C schedule properties as per Muslim Sariyath Law.
Evidence:
Therefore this court finds that plaint B and C schedule properties are partible by metes and bounds.
Relief Type:
Other
Outcome:
Granted
Description:
Right of plaintiff No.1 to reside in the plaint D schedule house till her death.
Evidence:
Hence plaintiff No.1 is entitled to reside in the plaint D schedule house alone.
Relief Type:
Other
Outcome:
Granted
Description:
Entitlement of shares in the plaint B and C schedule properties.
Evidence:
Plaintiff No.2 is entitled to 20/48 shares, defendant No.1 entitled to 14/48 shares & defendant No.2 & 3 entitled to 7/48 shares each.
Documents & Evidence
Document Type:
Gift Deed
Submitted By:
Plaintiff
Relevance:
Document establishing original ownership of plaint B and C schedule properties.
Reference:
Ext.A1
Document Type:
Jenmam assignment deed
Submitted By:
Plaintiff
Relevance:
Document providing further detail on the ownership of plaint C schedule property.
Reference:
Ext.A2
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Document showing assignment of rights over plaint B and C schedule properties to plaintiff No.2.
Reference:
Ext.A3
Document Type:
Legal heirship certificate
Submitted By:
Plaintiff
Relevance:
Document verifying the legal heirs of the deceased Abdurahiman.
Reference:
Ext.A4
Case Classification
Case Type
Original Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Case Code
Case between Sara et al vs Sarafudheen E.K. et al regarding partition
Case Code Year
Case between Sara et al vs Sarafudheen E.K. et al regarding partition