Case Summary
The plaintiff, Anuja.S., the widow of late Sreelal, seeks partition of the property inherited from her deceased husband. The defendants are her brother-in-law, Harilal, and her mother-in-law, Indira, who has a life interest in the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaint schedule property shall be divided into two equal shares.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit for partition, allowing the plaintiff and the first defendant to have equal shares of the property. Both parties are to bear their respective costs.
Why Plaintiff Won:
The plaint schedule property is partible, and the plaintiff is entitled to a share as a legal heir.
The plaint schedule property is partible, and the plaintiff is entitled to a share as a legal heir.
Losing Side's Weaknesses:
The plaint schedule property is partible, and the plaintiff is entitled to a share as a legal heir.
The plaint schedule property is partible, and the plaintiff is entitled to a share as a legal heir.
Supporting Evidence
The plaint schedule property was jointly inherited by the plaintiff and the 2nd defendant, who had a life interest, making it partible.
Judgment Evidence:
In the result, the suit is decreed and the counterclaim is decreed in part as follows: 1. The plaint schedule property/counterclaim schedule property shall be divided into two equal shares.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Anuja.S. @ Thanckhi
- Party Age
- 36
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Harilal
- Party Age
- 46
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Indira
- Party Age
- 72
- Relation
- W/o
Plaintiffs Documents
Certified copy of Partition Deed No.2335/05, Certified copy of Settlement Deed No. 220/17
Defendants Documents
Copy of Plaint in OS. 960/2012, Copy of Award passed in Lok Adalath in OS.960/2012
Advocates
- Party Role
- Plaintiff
- Advocate Name
- N.R.Roy
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Mini.C.
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- I.Stevenson
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- V.Moti
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Partition
Outcome:
Granted
Description:
The suit is decreed for partition of the plaint schedule property into two equal shares.
Evidence:
In the result, the suit is decreed and the counterclaim is decreed in part as follows: 1.The plaint schedule property/counterclaim schedule property shall be divided into two equal shares.
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
The counterclaim for permanent prohibitory injunction restraining the plaintiff is denied.
Evidence:
Hence, it is found that the counterclaim 1st plaintiff is not entitled to get a decree of permanent prohibitory injunction as prayed for.
Relief Type:
Recovery
Outcome:
Refused
Description:
The claim for recovery of Rs. 62,500/- as sought by the defendants is denied.
Evidence:
Therefore, this prayer is barred by limitation, and the 1st defendant cannot recover the said amount from the plaintiff through the counterclaim.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
This document establishes the title and ownership of the plaint schedule property following the partition among family members.
Reference:
Ext.A1
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
This document shows the transfer of half share of the plaint schedule property by the second defendant to the first defendant, which is vital to the case.
Reference:
Ext.A2
Document Type:
Copy of plaint
Submitted By:
Defendant
Relevance:
This document provides the basis for the counterclaim made by the defendants.
Reference:
Ext.B1
Document Type:
Award
Submitted By:
Defendant
Relevance:
This award confirms the settlement in Lok Adalath related to the financial obligations of the deceased.
Reference:
Ext.B2
Document Type:
Statement of Accounts
Submitted By:
Unknown
Relevance:
This document is used to support financial claims regarding the loan taken by the late husband of the plaintiff.
Reference:
Ext.X1
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Partition
Case Code
Case between Anuja.S. @ Thanckhi vs Harilal et al regarding Partition
Case Code Year
Case between Anuja.S. @ Thanckhi vs Harilal et al regarding Partition
Case Flags
Adalath Resolved