Case Summary
The case involves a dispute between Jayaprasad.V and his defendants, who are his brothers and legal heirs of their deceased mother, regarding the partition of property purchased jointly with their mother. The plaintiff seeks to recover his rightful share of the property and payment of rent from the first defendant.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to 6/10th share in the plaint A schedule property and 1/5th share over the B schedule.
Case Type
Civil Suit
Final Judgment
No
The suit was partially decreed in favor of the plaintiff, entitling him to a 6/10th share in the plaint A schedule property and a 1/5th share over the plaint B schedule. The court ordered the partition of the properties listed between the parties.
Why Plaintiff Won:
The court found that the plaintiff established his predominant ownership and exclusive possession of his rightful share based on the evidence presented.
The court found that the plaintiff established his predominant ownership and exclusive possession of his rightful share based on the evidence presented.
Losing Side's Weaknesses:
The court found that the plaintiff established his predominant ownership and exclusive possession of his rightful share based on the evidence presented.
The court found that the plaintiff established his predominant ownership and exclusive possession of his rightful share based on the evidence presented.
Supporting Evidence
Based on the strength of Exts. A1 to A6, the plaintiff has established his predominant ownership and exclusive possession of his rightful share. Hence, the plaint A schedule property is liable to be partitioned.
Judgment Evidence:
In the result, suit decreed in part, and a preliminary decree is passed in the following terms: 1. The plaint A and B schedule properties shall be divided into five shares by metes and bounds. 2. The plaintiff is entitled to 6/10th share in the plaint A schedule property and the building situated therein and 1/5th share over the B schedule (Rs.1,50,000/-).
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Jayaprasad.V.
- Party Age
- 46
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Jaya Kumar.V
- Party Age
- 44
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Jaya Prakash.V.
- Party Age
- 55
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Prasanna Kumaran.V
- Party Age
- 59
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Vijaya Kumar.V.
- Party Age
- 61
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Leela Vijayakumar
- Party Age
- 55
- Relation
- W/o
Plaintiffs Documents
Sale Deed No. 970/2007, Land Tax Receipt, Possession Certificate, Internet Payment Receipt, Death Certificate, KSEB Demand notice.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Saiju.J
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sudheesh Babu
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Ram Manoj.A.S.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sivasankara Pillai
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- G.Jayantha Kumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Babu Sanker
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Rukshana.S.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Partition
Outcome:
Granted
Description:
Plaintiff's request for partition of the plaint A schedule property.
Evidence:
The plaint A and B schedule properties shall be divided into five shares by metes and bounds.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff's entitlement to recover a 1/5th share over the B schedule (Rs. 1,50,000/-).
Evidence:
The plaintiff is entitled to 1/5th share over the B schedule (Rs. 1,50,000/-) his share shall be separated.
Relief Type:
Rent
Outcome:
Refused
Description:
Plaintiff's claim for Rs. 1,000/- per month as rent from the 1st defendant.
Evidence:
The plaintiff is not entitled to claim rent from the 1st defendant as sought.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Shows that the plaint A schedule property was jointly purchased by the plaintiff and his mother, Vilasini.
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Demonstrates that the plaint A schedule property was mutated in favor of the plaintiff and his mother.
Reference:
Ext.A2
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
Confirms the plaintiff's possession of the plaint A schedule property.
Reference:
Ext.A3
Document Type:
Internet Payment Receipt
Submitted By:
Plaintiff
Relevance:
Evidence related to payments connected to the property.
Reference:
Ext.A4
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Documents the death of Vilasini.
Reference:
Ext.A5
Document Type:
Demand Notice
Submitted By:
Plaintiff
Relevance:
Provides context regarding utility payments related to the property.
Reference:
Ext.A6
Document Type:
Statement of transaction
Submitted By:
Plaintiff
Relevance:
Details financial transactions related to the property (subject to proof).
Reference:
Ext.A7 Series
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Partition
Case Code
Case between Jayaprasad.V. vs Jaya Kumar.V et al regarding Partition and Recovery of rent
Case Code Year
Case between Jayaprasad.V. vs Jaya Kumar.V et al regarding Partition and Recovery of rent