Case Summary
The plaintiffs are siblings seeking partition and separate possession of a property inherited from their deceased parents. The defendants are the wife and children of the plaintiffs' deceased brother, contesting the plaintiffs' claim.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
A preliminary decree for partition and separate possession.
Case Type
Civil Suit
Final Judgment
No
The court declared that the plaintiffs are entitled to a 1/5th share in the property as legal heirs of late Joseph and Ammini Joseph. The defendants' counterclaim was dismissed.
Why Plaintiff Won:
The plaintiffs successfully demonstrated their legal entitlement as heirs.
The plaintiffs successfully demonstrated their legal entitlement as heirs.
Losing Side's Weaknesses:
The plaintiffs successfully demonstrated their legal entitlement as heirs.
The plaintiffs successfully demonstrated their legal entitlement as heirs.
Supporting Evidence
The admitted facts show that all parties are Class I legal heirs. The defence failed to produce any document proving an irrevocable license or exclusive title.
Judgment Evidence:
In the result: 1. It is declared that the plaintiffs are each entitled to a 1/5th share in the plaint schedule property as legal heirs of late Joseph and Ammini Joseph.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- John Joseph
- Party Age
- 60
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Omana Antony
- Party Age
- 62
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Aniyamma Joseph
- Party Age
- 52
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Soosan Sabu
- Party Age
- 52
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Akhil
- Party Age
- 27
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Amal
- Party Age
- 26
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Jolsna @ Aleena Sabu
- Party Age
- 20
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- George
- Party Age
- 61
- Relation
- S/o
Plaintiffs Documents
Certified copy of sale deed No. 1269/1976, Tax receipt No. KL 05031603733/2020, Building Tax Receipt No. 2063/2021.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P K Vinodkumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K Anilkumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
It is declared that the plaintiffs are each entitled to a 1/5th share in the plaint schedule property as legal heirs of late Joseph and Ammini Joseph.
Evidence:
It is declared that the plaintiffs are each entitled to a 1/5th share in the plaint schedule property as legal heirs of late Joseph and Ammini Joseph.
Relief Type:
Declaration
Outcome:
Granted
Description:
Defendants 1 to 4 are together entitled to 1/5th share as legal heirs of late Sabu Joseph.
Evidence:
Defendants 1 to 4 are together entitled to 1/5th share as legal heirs of late Sabu Joseph.
Relief Type:
Declaration
Outcome:
Granted
Description:
Defendants 5 to 8 are together entitled to 1/5th share as legal heirs of late Lisamma Joseph.
Evidence:
Defendants 5 to 8 are together entitled to 1/5th share as legal heirs of late Lisamma Joseph.
Relief Type:
Partition
Outcome:
Granted
Description:
A preliminary decree for partition and separate possession is passed.
Evidence:
A preliminary decree for partition and separate possession is passed.
Relief Type:
Counterclaim
Outcome:
Dismissed
Description:
The counterclaim of defendants 1 to 4 is dismissed.
Evidence:
The counterclaim of defendants 1 to 4 is dismissed.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed No. 1269/1976 issued by Additional Sub Registrar Officer Kottayam.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt No. KL 05031603733/2020 dated 09.10.2020 issued by Village Officer Muttambalam.
Reference:
Ext.A2
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
Building Tax Receipt No. 2063/2021 issued by Kottayam Municipality.
Reference:
Ext.A3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission Report prepared by Advocate Commissioner Aswin A.
Reference:
Ext.C1
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Partition
Case Code
Case between John Joseph et al vs Soosan Sabu et al regarding partition and separate possession.
Case Code Year
Case between John Joseph et al vs Soosan Sabu et al regarding partition and separate possession.