Case Summary
Alice John and Kunjamma George are suing Shaji and others for partition of property belonging to their late brother, Yohannan. They claim their shares in the property after disputes with the defendants regarding ownership.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaint schedule property shall be divided into 5 equal shares.
Case Type
Civil Suit
Final Judgment
No
The court has decreed the suit allowing the partition of property. The plaintiffs are entitled to 1/5th share each of the plaint schedule property.
Why Plaintiff Won:
The plaintiffs established their entitlement to the shares in the property inherited from their late brother.
The plaintiffs established their entitlement to the shares in the property inherited from their late brother.
Losing Side's Weaknesses:
The plaintiffs established their entitlement to the shares in the property inherited from their late brother.
The plaintiffs established their entitlement to the shares in the property inherited from their late brother.
Supporting Evidence
Accordingly the plaint schedule property shall be divided into 5 equal shares.
Judgment Evidence:
In the result, the suit is decreed as follows: The plaint schedule property shall be divided into 5 equal shares.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Alice John
- Party Age
- 69
- Relation
- D/o Late Aharon
- Party Role
- Plaintiff
- Party Name
- Kunjamma George
- Party Age
- 73
- Relation
- D/o Late Ahron
- Party Role
- Defendant
- Party Name
- Shaji
- Party Age
- 50
- Relation
- S/o Late Kunjoonju
- Party Role
- Defendant
- Party Name
- Sherli Sunny
- Party Age
- 48
- Relation
- D/o Late Kunjoonju
- Party Role
- Defendant
- Party Name
- Leela Thankappan
- Party Age
- 63
- Relation
- D/o Late Janaki @ Orotha
- Party Role
- Defendant
- Party Name
- Rajamma Surendran
- Party Age
- 60
- Relation
- D/o Late Janaki @ Orotha
- Party Role
- Defendant
- Party Name
- Sarojini Sahadevan
- Party Age
- 50
- Relation
- D/o Late Janaki @ Orotha
Plaintiffs Documents
Purchase Certificate no. 50/2012, Tax Receipt, Death Certificate
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- N Gopalakrishnan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sindhu Gopalakrishnan
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Anil B Nair
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Anil Namboodiri
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Shalini Kurup
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
The plaint schedule property shall be divided into 5 equal shares.
Evidence:
In the result, the suit is decreed as follows: 1.The plaint schedule property shall be divided into 5 equal shares.
Relief Type:
Possession
Outcome:
Granted
Description:
The plaintiffs 1 and 2 are entitled to 1 such share each (1/5th share each) in the plaint schedule property.
Evidence:
2.The plaintiffs 1 and 2 are entitled to 1 such share each (1/5th share each) in the plaint schedule property.
Relief Type:
Possession
Outcome:
Granted
Description:
The defendants no.1 and 2 are jointly entitled to one such share together (1/5th share) in the plaint schedule property.
Evidence:
3.The defendants no.1 and 2 are jointly entitled to one such share together (1/5th share) in the plaint schedule property.
Relief Type:
Possession
Outcome:
Granted
Description:
The defendants no.3 to 10 are jointly entitled to one such share (1/5th share) in the plaint schedule property.
Evidence:
4.The defendants no.3 to 10 are jointly entitled to one such share (1/5th share) in the plaint schedule property.
Relief Type:
Possession
Outcome:
Granted
Description:
The defendants no.11 and 12 are jointly entitled to one such share (1/5th share) in the plaint schedule property.
Evidence:
5.The defendants no.11 and 12 are jointly entitled to one such share (1/5th share) in the plaint schedule property.
Relief Type:
Other
Outcome:
Not Decided
Description:
There was no order as to costs.
Evidence:
6.There is no order as to costs.
Documents & Evidence
Document Type:
Kraya Certificate
Submitted By:
Plaintiff
Relevance:
This document establishes the ownership and title over the plaint schedule property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
It indicates that the deceased was paying tax for the plaint schedule property.
Reference:
Ext.A2
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
This document proves the death of Mr. Yohannan on 14.05.2021.
Reference:
Ext.A3
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Right of way obstruction
Case Code
Case between Alice John et al vs Shaji et al regarding partition
Case Code Year
Case between Alice John et al vs Shaji et al regarding partition