Case Summary
C.P.Pocker is the plaintiff seeking partition of property originally belonging to Kuttirayu, which has devolved to him and the defendants. The defendants have admitted the plaint claim through their written statement, leading to a judgment on admission.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaint B schedule property shall be divided into 3 equal shares by metes and bounds.
Case Type
Original Suit
Final Judgment
No
The suit is decreed on admission, and the property will be divided into equal shares. The plaintiff and each defendant are entitled to 1/3 share of the property.
Why Plaintiff Won:
The defendants admitted the plaint claim in their written statement.
The defendants admitted the plaint claim in their written statement.
Losing Side's Weaknesses:
The defendants admitted the plaint claim in their written statement.
The defendants admitted the plaint claim in their written statement.
Supporting Evidence
The learned counsel for the plaintiff submitted that the plaint claim is admitted by the defendants through their written statement.
Judgment Evidence:
In the result, the suit is decreed and the preliminary decree is passed as follows: I. The plaint B schedule property shall be divided into 3 equal shares by metes and bounds. II. The plaintiff is entitled to get 1 share out of said 3 shares. III. The defendants are entitled to get 1/3 share each out of said 3 shares.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- C.P.Pocker
- Party Age
- 68
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Alavikkutty
- Party Age
- 74
- Party Role
- Defendant
- Party Name
- Mammu Haji
- Party Age
- 67
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.M.A.Ismail
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Anuraj.M.V.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Muhammed Basil
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Partition
Outcome:
Granted
Description:
The plaint B schedule property shall be divided into 3 equal shares by metes and bounds.
Evidence:
In the result, the suit is decreed and the preliminary decree is passed as follows: I. The plaint B schedule property shall be divided into 3 equal shares by metes and bounds.
Relief Type:
Partition
Outcome:
Granted
Description:
The plaintiff is entitled to get 1 share out of said 3 shares.
Evidence:
II. The plaintiff is entitled to get 1 share out of said 3 shares.
Relief Type:
Partition
Outcome:
Granted
Description:
The defendants are entitled to get 1/3 share each out of said 3 shares.
Evidence:
III. The defendants are entitled to get 1/3 share each out of said 3 shares.
Relief Type:
Costs
Outcome:
Granted
Description:
The costs of the suit shall come out of the estate.
Evidence:
V. The costs of the suit shall come out of the estate.
Documents & Evidence
Document Type:
Partition Document
Submitted By:
Court
Relevance:
This document was referenced to explain the partition of the property among the heirs of Kuttirayu.
Reference:
No. 1541/2009
Case Classification
Case Type
Original Suit
Category
Property and Possession Disputes
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Partition
Case Code
Case between C.P.Pocker vs Cholakka Pulikkaparambil Kuttirayu's children regarding Partition.
Case Code Year
Case between C.P.Pocker vs Cholakka Pulikkaparambil Kuttirayu's children regarding Partition.