Case Summary
This case involves a dispute over the partition of properties among the plaintiffs and defendants, who are family members. The court examined claims regarding a will made by the deceased first plaintiff and issues of ownership over several properties.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The will executed by the first plaintiff was found to be genuine and valid, conveying the intended shares to the plaintiffs and defendants as specified.
The will executed by the first plaintiff was found to be genuine and valid, conveying the intended shares to the plaintiffs and defendants as specified.
Judgment Evidence:
In the result, the suit is decreed and a preliminary decree for partition is passed on the following terms: 1. Plaint A Schedule property is ordered to be partitioned by metes and bounds in to 36 equal shares and the 2nd plaintiff shall be entitled to 7/36 share, the 1st defendant shall be entitled to 11/36 share, the 2nd defendant shall be entitled to 7/36 share and the 3rd defendant shall be entitled to 11/36 share in the property.
Parties Involved
Plaintiffs
Annamma Yona (76 years years)
Thannikottu House, Vengoor Kara, Vengoor Post, Vengoor Village, Kunnathunadu Taluk, Pin 683546
Niji Siju (36 years years)
Chirackal House, Thuruthy P O, Near Superbody Workshop, Pralayakkadu Kara, Vengoor West Village, Pin: 683545
Defendants
Lissy Pappachan (Died) (Age not specified years)
Paracka House, KN-93, Angamaly Kara, Angamaly Village, Angamaly Post, Pin 683572
Jiji Eldho (48 years years)
Marathikkattil House, Pulluvazhy P O, Pulluvazhy Kara, Rayamangalam – 683542
Jessy Sabu (42 years years)
Pokkattu House, Valamboor Kara, North Mazhuvannoor P O, North Mazhuvannoor Village – 683389
Pappachan P I (64 years years)
Parakka House, K N 93 Kallupalam, Angamaly P O, Angamaly Kara, Angamaly Village, aluva Taluk – 683572
Alex Pappachan (30 years years)
Parakka House, K N 93 Kallupalam, Angamaly P O, Angamaly Kara, Angamaly Village, aluva Taluk – 683572
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
Partition of plaint schedule properties.
Evidence:
Thus, the property is partible accordingly and the share of each party shall be as follows.
Documents & Evidence
Document Type:
Copy of Pattayam
Submitted By:
Plaintiff
Relevance:
Evidence of ownership of Plaint A schedule property.
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Tax payment evidence for the property.
Reference:
Ext.A2
Document Type:
Certified copy of the Exchange Deed
Submitted By:
Plaintiff
Relevance:
Evidence of ownership of Plaint B schedule property.
Reference:
Ext.A3
Document Type:
Copy of Pattayam
Submitted By:
Plaintiff
Relevance:
Evidence of ownership for another property.
Reference:
Ext.A4
Document Type:
Certified copy of Rectified Deed
Submitted By:
Plaintiff
Relevance:
Ownership evidence related to property transactions.
Reference:
Ext.A5
Document Type:
Certified copy of Sale Deed
Submitted By:
Plaintiff
Relevance:
Evidence of joint ownership of Plaint C schedule property.
Reference:
Ext.A6
Document Type:
Certified copy of the Rectified Deed
Submitted By:
Plaintiff
Relevance:
Further ownership evidence.
Reference:
Ext.A7
Document Type:
Original Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Further tax payment evidence for the property.
Reference:
Ext.A8
Document Type:
Certified copy of Death Certificate
Submitted By:
Plaintiff
Relevance:
Evidence of the death of Mr. Yona.
Reference:
Ext.A9
Document Type:
Office copy of the lawyer notice
Submitted By:
Plaintiff
Relevance:
Notice demanding partition sent to defendants.
Reference:
Ext.A10
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Evidence of communications sent.
Reference:
Ext.A11 series
Document Type:
Certified copy of Will Deed
Submitted By:
Plaintiff
Relevance:
Evidence of the will made by the first plaintiff.
Reference:
Ext.A13
Document Type:
Will Deed
Submitted By:
Plaintiff
Relevance:
Legal document outlining the distribution of property.
Reference:
Ext.A14
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Confirmation of the first plaintiff's death.
Reference:
Ext.A15
Document Type:
Discharge Summary
Submitted By:
Defendant
Relevance:
Medical history evidence related to the first plaintiff.
Reference:
Ext.B1
Document Type:
Histopathology report
Submitted By:
Defendant
Relevance:
Further medical evidence regarding the first plaintiff.
Reference:
Ext.B2
Document Type:
Medical Report
Submitted By:
Defendant
Relevance:
Evidence of medical condition of the first plaintiff.
Reference:
Ext.B3
Document Type:
Radiological Report
Submitted By:
Defendant
Relevance:
Further medical evidence regarding the first plaintiff.
Reference:
Ext.B4
Document Type:
Lab report
Submitted By:
Defendant
Relevance:
Evidence of medical testing of the first plaintiff.
Reference:
Ext.B5
Document Type:
Medical Report
Submitted By:
Defendant
Relevance:
Further medical condition evidence.
Reference:
Ext.B6
Document Type:
Medical Bills
Submitted By:
Defendant
Relevance:
Evidence of medical expenses incurred.
Reference:
Ext.B7 series