Case Summary
The plaintiff and the defendant are siblings and the only legal heirs of their deceased parents. The plaintiff seeks a decree for partition of the inherited properties due to the defendant's non-cooperation.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Preliminary decree of partition and separate possession of respective shares.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed and a preliminary decree of partition is passed, with the property to be divided into equal shares between the plaintiff and defendant.
Why Plaintiff Won:
The plaintiff established her case through oral testimony and valid evidence without any rebuttal from the defendant.
The plaintiff established her case through oral testimony and valid evidence without any rebuttal from the defendant.
Losing Side's Weaknesses:
The plaintiff established her case through oral testimony and valid evidence without any rebuttal from the defendant.
The plaintiff established her case through oral testimony and valid evidence without any rebuttal from the defendant.
Supporting Evidence
The unrebutted oral testimony of PW1 and Ext. A1 and A2 established her case as pleaded by her. No evidence adduced from the part of defendant to rebut the plaint claim.
Judgment Evidence:
In the result, the suit is decreed and a preliminary decree of partition is passed as given under; The plaint schedule property is found partiable.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Baby Prabhakaran
- Party Age
- 77
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- P.K. Chandran
- Party Age
- 67
- Relation
- S/o
Plaintiffs Documents
Sale Deed No. 1765/1957, Sale Deed No. 1585/1958
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Suraj Krishna B.S.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- P.S. Narayana Raja
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Partition
Outcome:
Granted
Description:
Decree for partition of plaint schedule property into two equal shares.
Evidence:
The plaint schedule properties are liable to be partitioned between plaintiff and defendant as sought for.
Relief Type:
Possession
Outcome:
Granted
Description:
Plaintiff is entitled to get separate possession of her respective share.
Evidence:
The plaintiff is entitled to get separate possession of her respective shares.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Copy of Sale Deed No. 1765/1957 executed by Kathreena in favour of Parvathy, establishing ownership.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Copy of Sale Deed No. 1585/1958 executed by Joseph in favour of Krishnan, establishing ownership.
Reference:
Ext.A2
Document Type:
Application
Submitted By:
Plaintiff
Relevance:
Copy of Petition Dated 04.02.2016 before the Tahsildar, seeking measurement and property sketch.
Reference:
Ext.A3
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Copy of Notice Dated 07.06.2016 issued by Taluk Surveyor concerning measurement.
Reference:
Ext.A4
Document Type:
Application
Submitted By:
Plaintiff
Relevance:
Copy of petition No. 2018/2017 dated 09.10.2017 before Tahsildar, seeking survey.
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Baby Prabhakaran vs P.K. Chandran regarding Partition
Case Code Year
Case between Baby Prabhakaran vs P.K. Chandran regarding Partition