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
The suit was decreed and a preliminary decree for partition was granted. The shares of the parties in the properties were distinctly laid out according to the will of the deceased first plaintiff.
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.
Losing Side's Weaknesses:
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.
Supporting Evidence
The court found that the testamentary capacity of the first plaintiff was upheld, and the will's execution was validated through credible witness accounts.
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
Parties
- Party Role
- Plaintiff
- Party Name
- Annamma Yona
- Party Age
- 76
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Niji Siju
- Party Age
- 36
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Lissy Pappachan (Died)
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Jiji Eldho
- Party Age
- 48
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Jessy Sabu
- Party Age
- 42
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Pappachan P I
- Party Age
- 64
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Alex Pappachan
- Party Age
- 30
- Relation
- S/o
Plaintiffs Documents
Pattayam No.2230/1975, Land Tax Receipt from Vengoor West Village, Certified copy of the Exchange Deed No.3306/1973, Copy of Pattayam No.35/1996, Certified copy of Sale Deed No.1323/1963.
Defendants Documents
Discharge summary of Annamma from Lakeshore Hospital, Medical Reports, Histopathology report of Annamma.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Ads. Shanly Sebastian
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Adv. M U Devassykutty
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. John P Varghese
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. Neepa Narayanan
- Appearance Type
- Main Counsel
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
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Perumbavoor
Common Reasons
Partition of property
Case Code
Case between Annamma Yona et al vs Lissy Pappachan et al regarding partition of property.
Case Code Year
Case between Annamma Yona et al vs Lissy Pappachan et al regarding partition of property.