Case Summary
The plaintiffs, Jayaprakash G, Jayamol G, and Jayalakshmi G, are involved in a suit for partition against the defendant Jayachandran G regarding jointly owned property that was not divided after their father's death. The court found that the property should be divided equally among the parties.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Decree of partition of the plaint schedule property into 4 equal shares by metes and bounds
Case Type
Civil Suit
Final Judgment
No
The suit is decreed for partition of the property into four equal shares, granting each plaintiff and the defendant a one-fourth share.
Why Plaintiff Won:
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim for partition.
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim for partition.
Losing Side's Weaknesses:
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim for partition.
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim for partition.
Supporting Evidence
The unchallenged proof affidavit and documents would satisfactorily prove the plaint claim. So, a decree can rightly be passed as prayed for.
Judgment Evidence:
In the result, suit is decreed as follows: 1. Plaintiff is entitled to a decree of partition of the plaint schedule property into 4 equal shares by metes and bounds.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Jayaprakash G
- Party Age
- 61
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Jayamol G
- Party Age
- 57
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Jayalakshmi G
- Party Age
- 51
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Jayachandran G
- Party Age
- 54
- Relation
- S/o
Plaintiffs Documents
Certified copy of Sale deed no. 846/70 of Ernakulam SRO, Death certificate of K.K.Gangadharan issued by Mulavukad Grama Panchayath, Death Certificate of Santhamma issued by Kottayam Muncipality
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.K.Naseera
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- K.K.Sudheer
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Denny Joseph
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Partition
Outcome:
Granted
Description:
Decree of partition of the plaint schedule property into 4 equal shares.
Evidence:
Plaintiff is entitled to a decree of partition of the plaint schedule property into 4 equal shares by metes and bounds.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale deed no. 846/70 of Ernakulam SRO which established the ownership of the plaint schedule property.
Reference:
Ext.A1
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Death certificate of K.K.Gangadharan issued by Mulavukad Grama Panchayath, relevant for establishing the lineage and succession of property.
Reference:
Ext.A2
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Death certificate of Santhamma issued by Kottayam Municipality, also relevant for the inheritance claim.
Reference:
Ext.A3
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Jayaprakash G et al vs Jayachandran G regarding partition of property
Case Code Year
Case between Jayaprakash G et al vs Jayachandran G regarding partition of property