Case Summary
This suit involves the plaintiffs, Chellamma Raghavan and her daughters, seeking partition of a property originally belonging to the deceased Raghavan Achary. The defendants, Susheela A D and her minor daughter, are claiming their share of the property after the death of Pradeep Kumar.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Preliminary decree for partition of property
Case Type
Civil Suit
Final Judgment
No
The court found that the suit property is partible and granted a preliminary decree for partition, declaring that each of the three plaintiffs is entitled to a share.
Why Plaintiff Won:
The plaint schedule property was found to be partible under the Hindu Succession Act.
The plaint schedule property was found to be partible under the Hindu Succession Act.
Losing Side's Weaknesses:
The plaint schedule property was found to be partible under the Hindu Succession Act.
The plaint schedule property was found to be partible under the Hindu Succession Act.
Supporting Evidence
The evidence of PW1 establishes that Raghavan Achary died intestate and that the property devolved jointly on his heirs.
Judgment Evidence:
In the result; the suit is decreed as follows: 1. It is hereby declared that the plaint schedule property is partible.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Chellamma Raghavan
- Party Age
- 80
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Preethymol P R
- Party Age
- 45
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Deepamol P R
- Party Age
- 53
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Susheela A D
- Party Age
- 52
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Shilpa Pradeep
- Party Age
- 11
- Relation
- D/o
Plaintiffs Documents
Land Tax Receipt (Thandaper No.3749), Property Tax Receipt (No.119090104978)
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sajith C George
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K S Ambili
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
It is hereby declared that the plaint schedule property is partible.
Evidence:
In the result; the suit is decreed as follows: It is hereby declared that the plaint schedule property is partible.
Relief Type:
Declaration
Outcome:
Granted
Description:
It is declared that, plaintiffs 1 to 3 are each entitled to 1/4 share in the plaint schedule property.
Evidence:
It is declared that, plaintiffs 1 to 3 are each entitled to 1/4 (one-fourth) share in the plaint schedule property.
Relief Type:
Declaration
Outcome:
Granted
Description:
Defendants together are entitled to the remaining 1/4 share.
Evidence:
Defendants together are entitled to the remaining 1/4 (one-fourth) share.
Documents & Evidence
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Marked as evidence of property ownership and entitlement.
Reference:
Ext.A1
Document Type:
Property Tax Receipt
Submitted By:
Plaintiff
Relevance:
Marked as evidence of property ownership and entitlement.
Reference:
Ext.A2
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Non-payment of rent
Case Code
Case between Chellamma Raghavan et al vs Susheela A D et al regarding partition of property
Case Code Year
Case between Chellamma Raghavan et al vs Susheela A D et al regarding partition of property