Case Summary
The plaintiff and the defendant are siblings seeking the partition of property purchased by their deceased father. The plaintiff claims a one-half share and alleges that the defendant has not cooperated in the partition process.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaint schedule property is found partible and partitioned into two equal shares.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit, confirming that the property is partible and allowing both the plaintiff and defendant to have equal shares.
Why Plaintiff Won:
The court established the joint ownership of the property and confirmed the entitlement of the plaintiff to a one-half share.
The court established the joint ownership of the property and confirmed the entitlement of the plaintiff to a one-half share.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The plaintiff had succeeded in proving that the plaint schedule property is partible and the plaintiff and the defendant are having equal share over the property.
Judgment Evidence:
In the result, the suit is decreed and a preliminary decree is passed as follows: - 1. The plaint schedule property is found partible and it shall be partitioned into two equal shares.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Biju @Sunil P. T
- Party Age
- 40
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Aneesh P. T
- Party Age
- 43
- Relation
- S/o
Plaintiffs Documents
Sale Deed No. 367/1979, Land Revenue Tax receipt No. KL05040200230/2018, Death Certificate of Thankappan, One and the same certificate
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- S. Rajesh
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Seby Cherian
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
The plaint schedule property is found partible and it shall be partitioned into two equal shares.
Evidence:
The plaint schedule property is found partible and it shall be partitioned into two equal shares.
Relief Type:
Possession
Outcome:
Granted
Description:
The plaintiff is entitled to 1/2 share of plaint schedule property.
Evidence:
The plaintiff is entitled to 1/2 share of plaint schedule property.
Relief Type:
Possession
Outcome:
Granted
Description:
The defendant is entitled to 1/2 share of the plaint schedule property.
Evidence:
The defendant is entitled to 1/2 share of the plaint schedule property.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
The sale deed was executed by one Raman in favour of Palolil Thankappan on behalf of his minor children Biju and Aneesh.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
It shows that the plaint schedule property having an extent of 53.82 ares is the joint possession of the plaintiff, defendant and their father Thankappan.
Reference:
Ext.A2
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
It shows that Thankappan died on 31.01.2014.
Reference:
Ext.A3
Document Type:
One and the Same Certificate
Submitted By:
Plaintiff
Relevance:
It shows that the name shown as Biju in the tax receipt and the name Sunil P T. is shown in the school certificate is one and the same person.
Reference:
Ext.A4
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Pala
Common Reasons
Case Code
Case between Biju @Sunil P. T vs Aneesh P. T regarding partition and fixation of boundary
Case Code Year
Case between Biju @Sunil P. T vs Aneesh P. T regarding partition and fixation of boundary