Case Summary
The plaintiffs, Itty Cherian and others, are seeking partition of property against the defendant, John Chandy. The suit is based on a claim related to the division of inherited property following the death of family members.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiffs are jointly entitled to 3/4th share of the plaint schedule property.
Case Type
Civil Suit
Final Judgment
No
The suit was decreed in favor of the plaintiffs, granting them a share of the property.
Why Plaintiff Won:
The plaintiffs established a case in favor of their claim.
The plaintiffs established a case in favor of their claim.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
In the above circumstances, it can be held that the plaintiffs could establish a case in favour of the plaintiffs.
Judgment Evidence:
In the result, suit is decreed and preliminary decree is passed as follows: 1.The plaintiffs are jointly entitled to 3/4th share of the plaint schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Itty Cherian
- Party Age
- 56
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Sheeja Cherian
- Party Age
- 43
- Party Role
- Plaintiff
- Party Name
- Kabin Cheriyan
- Party Age
- 14
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- John Chandy
- Party Age
- 50
- Relation
- S/o
Plaintiffs Documents
Sale Deed no. 423/1977, Settlement Deed no.1528/2015, Tax Receipt
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K Pradeep
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Anand V
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
Plaintiffs are granted 3/4th share of the plaint schedule property.
Evidence:
In the result, suit is decreed and preliminary decree is passed as follows: 1. The plaintiffs are jointly entitled to 3/4th share of the plaint schedule property.
Relief Type:
Possession
Outcome:
Granted
Description:
Defendants are granted 1/4th share of the plaint schedule property.
Evidence:
3. The defendants are jointly entitled to 1/4th share of the plaint schedule property.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Marked as evidence to establish the plaintiffs' claim to the property.
Reference:
Ext.A1
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Marked as evidence to support the plaintiffs' entitlement to the property.
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Marked to demonstrate the plaintiffs' connection to the property.
Reference:
Ext.A3
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Request for partition
Case Code
Case between Itty Cherian et al vs John Chandy regarding partition
Case Code Year
Case between Itty Cherian et al vs John Chandy regarding partition