Case Summary
Elizabeth Mathew is seeking a partition of property originally belonging to Aliyamma Itticheria, which devolved upon her and others. The defendants deny her claim, stating she is not entitled to any share.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The suit for partition filed by Elizabeth Mathew is dismissed as she was not a party to the earlier partition deed and therefore cannot claim any share in the property.
Key Reasoning:
The plaintiff was not a party to the partition deed and hence cannot claim a share.
The plaintiff was not a party to the partition deed and hence cannot claim a share.
Why Defendant Won:
Not available
Not available
Supporting Evidence
The plaintiff could not convince the court that she is entitled to 1/18th share in the plaint schedule property.
Judgment Evidence:
In the result, Suit is dismissed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Elizabeth Mathew
- Party Age
- 52
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Joe I George
- Party Age
- 51
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Lincy Shiju
- Party Age
- 43
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Shiju Joseph
- Party Age
- 46
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Kunjamma Jacob
- Party Age
- 80
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Liza Abraham
- Party Age
- 55
- Relation
- D/o
Plaintiffs Documents
Copy of Gift Deed no. 33/1977, Copy of Partition Deed no. 1537/1996, Copy of Sale Deed no. 710/2003, Copy of Sale Deed no. 1882/2006
Defendants Documents
Power of Attorney, Sale Deed no. 1882/2006, Tax receipt, Sale Deed no. 710/2003
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Boby George Kurian
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Kurian George
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sajan A Vargehse
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Archana C Nair
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Blessen C Mathews
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Mathew J Elanjickal
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Justy Thomas
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- V R Raveendran
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Merin Sara Jose
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Possession
Outcome:
Refused
Description:
Plaintiff claimed a share of 1/18th in the plaint schedule property.
Evidence:
The plaintiff could not convince the court that she is entitled to 1/18th share in the plaint schedule property.
Documents & Evidence
Document Type:
Gift Deed
Submitted By:
Plaintiff
Relevance:
Copy of Gift Deed no. 33/1977 showing property obtained by Aliyamma Itticheria.
Reference:
Ext.A1
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Copy of Partition Deed no. 1537/1996 outlining the division of the property among the legal heirs.
Reference:
Ext.A2
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Copy of Sale Deed no. 710/2003 transferring title and rights of Mariyamma Chacko.
Reference:
Ext.A3
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Copy of Sale Deed no. 1882/2006 showing transfer of property from the 1st defendant to defendants 2 and 3.
Reference:
Ext.A4
Document Type:
Power of Attorney
Submitted By:
Defendant
Relevance:
Power of Attorney relating to the property transactions.
Reference:
Ext.B1
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Sale Deed no. 1882/2006 pertaining to the property in question.
Reference:
Ext.B2
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
Tax receipt associated with the property.
Reference:
Ext.B3
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Sale Deed no. 710/2003 involved in the chain of title.
Reference:
Ext.B4
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Case Code
Case between Elizabeth Mathew vs Joe I George et al regarding Partition
Case Code Year
Case between Elizabeth Mathew vs Joe I George et al regarding Partition