Case Summary
The plaintiffs, Chedayan Thema Amma's children, are seeking a partition of the property originally owned by their parents. The defendant, Parameswaran, is refusing to divide the property despite being approached by the plaintiffs.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Preliminary decree for partition of property.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit for partition, granting the plaintiffs one share and the defendant three shares of the property. The property will be divided into four equal shares.
Why Plaintiff Won:
The evidence adduced by the plaintiffs remained unchallenged and substantiated by documentary evidence.
The evidence adduced by the plaintiffs remained unchallenged and substantiated by documentary evidence.
Losing Side's Weaknesses:
The evidence adduced by the plaintiffs remained unchallenged and substantiated by documentary evidence.
The evidence adduced by the plaintiffs remained unchallenged and substantiated by documentary evidence.
Supporting Evidence
The evidence adduced by the plaintiffs remained unchallenged and this court found that the contentions raised by the plaintiff are substantiated by the documentary evidences.
Judgment Evidence:
In the result, the suit is decreed and the preliminary decree for partition passed as follows: 1. The plaint B schedule property shall be divided in to 4 (four) equal share by metes and bounds. 2. The plaintiffs are entitled to get one (One) share out of 4 shares in the plaint B schedule property. 3. The defendant is entitled to get 3 (Three) out of 4 shares in the plaint B schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Narayanan
- Party Age
- 69
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Krishnan kutty
- Party Age
- 64
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Ganapathikutty
- Party Age
- 61
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Parameswaran
- Party Age
- 58
- Relation
- S/o
Plaintiffs Documents
Copy of Partition Deed Doc. No.916/1975, Copy of Judgment in OS 494/2013 dt; 31-7-2015, Munsiff Court, Tirur.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Mohamed Rafeeq. A.M.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Partition
Outcome:
Granted
Description:
A preliminary decree for partition of the plaint B schedule property into four equal shares.
Evidence:
In the result, the suit is decreed and the preliminary decree for partition passed as follows: The plaint B schedule property shall be divided in to 4 (four) equal share by metes and bounds.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
The document establishes the division of the plaint B schedule property and was relied upon to substantiate the plaintiffs' claims.
Reference:
Ext.A1
Document Type:
Judgment
Submitted By:
Plaintiff
Relevance:
The document provides evidence regarding the civil death of Parameswaran, which impacts the inheritance of the property.
Reference:
Ext.A2
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Chedayan Thema Amma's children vs Parameswaran regarding partition of property.
Case Code Year
Case between Chedayan Thema Amma's children vs Parameswaran regarding partition of property.