ORIGINAL SUIT No. 100 OF 2016

Case between Jayaraj vs Pathekkara Parambil deceased Narayanan's Children et al regarding partition

Court

Court of the Munsiff of Tirur

Judge

Smt.NIMMI.K.K., B.Sc., LL.B.

Order Date

2018-10-31

Duration

2 years

Case Closed

Wed, 10/31/2018 - 12:00

Judgement document from eCourt website

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Case Summary

Plaintiff Jayaraj sought partition of properties originally belonging to Oruppulassery Mana among himself and defendants, who are legal heirs of Narayanan.

Judgment Outcome

Plaintiff Won

Interim Order

The court passed a preliminary decree for partition. The plaintiff received a 2/4 share, Defendants 1-6 each received 1/4 share, and Defendant 7 received 1/4 share.

Judgment Favored

Plaintiff

Relief Granted

Partition of plaint B schedule property

Case Type

Civil Suit - Partition

Final Judgment

The court passed a preliminary decree for partition. The plaintiff received a 2/4 share, Defendants 1-6 each received 1/4 share, and Defendant 7 received 1/4 share.

Why Plaintiff Won:
The plaintiff successfully proved his right over the plaint B schedule properties through surrender deeds and purchase certificates, establishing his entitlement to a 2/4 share.

Losing Side's Weaknesses:
The plaintiff successfully proved his right over the plaint B schedule properties through surrender deeds and purchase certificates, establishing his entitlement to a 2/4 share.

Supporting Evidence

Ext A1 is the Surrender Deed No.4394/2015 of SRO Tirur and Ext A2 is the another Surrender Deed NO.107/2016 of SRO Tirur. Ext A1 is the Purchase Certificate...

Judgment Evidence:

In the result, Preliminary decree is passed as follows: 1. That the plaint B schedule property shall partitioned into 4 equal shares by metes and bounds...

Parties Involved

Parties

Party Role: Plaintiff
Party Name: Jayaraj
Party Age: 36
Relation: S/o Kizhakkepurakkal Padmanabhan

Party Role: Defendant
Party Name: Velayudhan
Party Age: 55

Party Role: Defendant
Party Name: Vasudevan
Party Age: 54

Party Role: Defendant
Party Name: Seetha
Party Age: 52
Relation: W/o Kottiyori Gopi

Party Role: Defendant
Party Name: Visalakshi
Party Age: 50
Relation: W/o Chandran

Party Role: Defendant
Party Name: Suseela
Party Age: 48
Relation: W/o Theyyattil Parambil Sukumaran

Party Role: Defendant
Party Name: Krishnan
Party Age: 38

Party Role: Defendant
Party Name: Karuvancheri Achunni @ Parangodan
Party Age: 80
Relation: S/o Cheethamma

Plaintiffs Documents

Certified copy of Purchase Certificate, Surrender Deed No.4394/2015 of SRO Tirur, Surrender Deed NO.107/2016 of SRO Tirur

Defendants Documents

Not available

Advocates

Party Role: Plaintiff
Advocate Name: Sri. V.Chandrasekharan
Appearance Type: Main Counsel

Party Role: Plaintiff
Advocate Name: Sri.Vipin Chandrasekhar
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: Sri.K.Mehroof Shihab
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: Sri.Dinesh Pookkayil
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: Sri.P.Sreehari
Appearance Type: Main Counsel

Reliefs

Relief Type: Partition

Outcome: Granted

Description:

Plaint B schedule property shall partitioned into 4 equal shares by metes and bounds.

Evidence:

In the result, Preliminary decree is passed as follows: 1. That the plaint B schedule property shall partitioned into 4 equal shares by metes and bounds.

Relief Type: Partition

Outcome: Granted

Description:

Plaintiff received 2 out of 4 shares, Defendants No.1-6 each received 1 out of 4 shares, and Defendant No.7 received 1 out of 4 shares in the property.

Evidence:

In the result, Preliminary decree is passed as follows: 1. That the plaint B schedule property shall partitioned into 4 equal shares by metes and bounds...

Documents & Evidence

Document Type: Certified copy of Purchase Certificate

Submitted By: Plaintiff

Relevance:

Established plaintiff's right over the properties.

Reference:

Document Type: Surrender Deed