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
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.
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
Plaintiffs
Jayaprakash G (61 years years)
Illatuparambil house, Mulavukadu P.O, Ernakulam, Pin – 682 504
Jayamol G (57 years years)
Kammadavil house, Thellakom P.O, Kottayam
Jayalakshmi G (51 years years)
Illathuparambil house, Mulavukadu P.O, Ernakulam, Pin – 682 504
Defendants
Jayachandran G (54 years years)
Illathuparambil house, Mulavukad P.O, Ernakulam, Pin – 682 504
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