Case Summary
The plaintiff Beena is seeking partition of a property inherited from her father, Sri. Francis Pera, who died intestate. The defendants, her siblings, have refused to agree to the partition despite several requests.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to 2/15 share of the plaint schedule property, future mesne profits, and costs of the suit from the defendants.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaint averments stand proved from the unrebutted evidence and the documents presented.
The plaint averments stand proved from the unrebutted evidence and the documents presented.
Judgment Evidence:
In the result, suit is decreed as follows: A) The plaintiff is entitled to 2/15 share of the plaint schedule property. B) The plaintiff shall be entitled to future mesne profit also, hence the quantum of which shall be decided during the final decree proceedings. C) The plaintiff is also entitled to get the costs of the suit from the defendant.
Parties Involved
Plaintiffs
Beena (52 years)
Vallakkad House, Town Hall Cross Road, Ernakulam
Defendants
Siju.K.F (Age not specified years)
Kuruvanthara House, Pravarthy parambil, Kaloor, Kochi-17
Martin K.F (Age not specified years)
Kuruvanthara House, Pravarthy parambil, Kaloor, Kochi-17
Aju (Age not specified years)
Kuruvanthara House, Pravarthy parambil, Kaloor, Kochi-17
Reena (Age not specified years)
Kuruvanthara House, Pravarthy parambil, Kaloor, Kochi-17
Baby (Age not specified years)
Kuruvanthara House, Pravarthy parambil, Kaloor, Kochi-17
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
Entitled to 2/15 share of the plaint schedule property.
Evidence:
The plaintiff is entitled to 2/15 share of the plaint schedule property.
Relief Type:
Recovery
Outcome:
Granted
Description:
Entitled to future mesne profit.
Evidence:
The plaintiff shall be entitled to future mesne profit also.
Relief Type:
Other
Outcome:
Granted
Description:
Entitled to costs of the suit from the defendant.
Evidence:
The plaintiff is also entitled to get the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Certified copy of Exchange Deed
Submitted By:
Plaintiff
Relevance:
Proved the plaintiff's entitlement to the property.
Reference:
Ext.A1
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Proved the death of K.F Francis which is relevant to the inheritance right.
Reference:
Ext.A2