Case Summary
This case involves plaintiffs Devaki and others seeking a partition and injunction against defendants Chandran and others, who are also legal heirs of the late Kaalukkurumban. The plaintiffs claim that the property is co-owned and have alleged that the defendants fabricated a false document to claim ownership.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court decreed a preliminary decree for partition of the property among the plaintiffs, granting them specified shares. The defendants were permanently restrained from altering or encumbering the property.
Why Plaintiff Won:
The court found that the plaintiffs provided sufficient evidence to confirm their claims of co-ownership and false documentation by the defendants.
The court found that the plaintiffs provided sufficient evidence to confirm their claims of co-ownership and false documentation by the defendants.
Losing Side's Weaknesses:
The court found that the plaintiffs provided sufficient evidence to confirm their claims of co-ownership and false documentation by the defendants.
The court found that the plaintiffs provided sufficient evidence to confirm their claims of co-ownership and false documentation by the defendants.
Supporting Evidence
The evidence adduced by the plaintiffs would show that they had got sufficient cause of action to institute the suit. From the unrebutted evidence adduced by the plaintiffs, I hold that the plaintiffs are entitled to get the relief prayed for.
Judgment Evidence:
In the result, the suit is decreed and a preliminary decree for partition is passed as follows: The plaint A-schedule property, except the portion on which the temple stands, forms part of the common property of all the parties.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Devaki
- Party Age
- 65
- Relation
- D/o. Late Azhakan @ Kesavan
- Party Role
- Plaintiff
- Party Name
- Parukutty
- Party Age
- 50
- Relation
- D/o. Late Azhakan @ Kesavan
- Party Role
- Plaintiff
- Party Name
- Sivan
- Party Age
- 48
- Relation
- S/o. Late Azhakan @ Kesavan
- Party Role
- Plaintiff
- Party Name
- Sreekumar
- Party Age
- 45
- Relation
- S/o. Late Azhakan @ Kesavan
- Party Role
- Plaintiff
- Party Name
- Theru
- Party Age
- 85
- Relation
- W/o. Late Azhakan @ Kesavan
- Party Role
- Defendant
- Party Name
- Chandran
- Party Age
- 62
- Relation
- S/o. Late Ayyappan
- Party Role
- Defendant
- Party Name
- Bhavani
- Party Age
- 61
- Relation
- D/o Late Ayyappan
- Party Role
- Defendant
- Party Name
- Janaki
- Party Age
- 59
- Relation
- D/o. Late Ayyappan
- Party Role
- Defendant
- Party Name
- Thankamani
- Party Age
- 49
- Relation
- D/o. Late Ayyappan
Plaintiffs Documents
Certified copy of the deed No. 1636 dated 23/06/17, Land Tax receipt, and other relevant documents.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Bindhu P Nair
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Partition
Outcome:
Granted
Description:
A preliminary decree for partition of the plaint schedule property.
Evidence:
The suit is decreed and a preliminary decree for partition is passed as follows.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants are permanently restrained from executing any document affecting the plaint schedule property.
Evidence:
The defendants are permanently restrained by way of prohibitory injunction from executing, registering, alienating, transferring, encumbering, or otherwise creating any document affecting the plaint schedule property.
Documents & Evidence
Document Type:
Certified copy of Release Deed
Submitted By:
Plaintiff
Relevance:
The document is used to establish the plaintiffs' claim over the property.
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
This receipt is evidence of land ownership and tax payment.
Reference:
Ext.A2
Document Type:
True Copy of Basic Register and Tandaper Account Tax payment details
Submitted By:
Plaintiff
Relevance:
Provides further evidence supporting the plaintiffs' claims.
Reference:
Ext.A3
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Establishes the death of Kalukurumban, relevant to the inheritance claim.
Reference:
Ext.A4
Document Type:
Certified copy of Order of Kothamangalam Land Tribunal
Submitted By:
Plaintiff
Relevance:
Used to support the plaintiffs' claim regarding the disputed property.
Reference:
Ext.A5
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Confirms continued payment of land tax by the plaintiffs.
Reference:
Ext.A6
Document Type:
Attested true copy of reply letter from Registration Inspector General Department
Submitted By:
Plaintiff
Relevance:
Provides evidence regarding the registration dispute.
Reference:
Ext.A7
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Perumbavoor
Common Reasons
Partition
Case Code
Case between Devaki et al vs Chandran et al regarding partition and injunction.
Case Code Year
Case between Devaki et al vs Chandran et al regarding partition and injunction.