Case Summary
The plaintiffs, K V George and others, seek partition of property and injunction against the defendants, Mariyamma and others, who are interfering with their possession. The court found that the plaintiffs established their claim to the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiffs proved their ownership through a valid deed and unchallenged testimony.
The plaintiffs proved their ownership through a valid deed and unchallenged testimony.
Judgment Evidence:
In the result, the suit is decreed as follows: The plaintiffs are entitled to 51 cents of land from the plaint schedule property by metes and bounds.
Parties Involved
Plaintiffs
K V George (55 years)
Kunnathu House, Aimury Kara, Koovappady Village
Nileena (45 years)
Kunnathu House, Aimury Kara, Koovappady Village
Laiju George (Age not specified years)
Kunnathu Veedu, Aimury Kara, Koovappady Village
Dhanya George (Age not specified years)
Vadayil House, Near Supply-Co, Chirakkadavu, Ponkunnam Taluk, Kottayam District
Defendants
Mariyamma (69 years)
Thadikkulangara House, Aimury Kara, Koovappady Village
Prakash (47 years)
Thadikkulangara House, Kuruppampadiyil, Rayamangalam Village
Chinnamma (54 years)
Thottungal House, Vaykkara Kara, Rayamangalam Village
Mini (38 years)
Loros Bhavan (Ombooks), Medhihel Road, Post No.500055, Jidimetala Village, Secondarabad, Andrapradesh
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
The plaintiffs are entitled to 51 cents of land from the plaint schedule property.
Evidence:
In the result, the suit is decreed as follows: i.The plaintiffs are entitled to 51 cents of land from the plaint schedule property by metes and bounds.
Relief Type:
Possession
Outcome:
Granted
Description:
The plaintiffs are entitled to separate possession of the said property.
Evidence:
ii.The plaintiffs are entitled to separate possession of the said property.
Relief Type:
Declaration
Outcome:
Granted
Description:
The plaintiffs are entitled to half right over the residential building situated in the plaint schedule property.
Evidence:
iii.The plaintiffs are entitled to half right over the residential building situated in the plaint schedule property.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiffs are also entitled to a right of way from the eastern public road to access the portion allotted to them.
Evidence:
iv.The plaintiffs are also entitled to a right of way from the eastern public road to access the portion allotted to them.
Relief Type:
Injunction
Outcome:
Granted
Description:
The relief of prohibitory injunction is granted in favour of the plaintiffs.
Evidence:
v.The relief of prohibitory injunction is granted in favour of the plaintiffs to the extent that the defendants are restrained from interfering with the peaceful possession and enjoyment of the property to be allotted to the plaintiffs.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiffs are entitled to the cost of the suit.
Evidence:
vi.The plaintiffs are entitled to the cost of the suit.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Establishes that the first defendant conveyed her share to the plaintiffs under a valid registered document.
Reference:
Ext.A1
Document Type:
Commissioner Report
Submitted By:
Court
Relevance:
Supports the plaintiffs' claim by detailing the property in question.
Reference:
Ext.C1
Document Type:
Commissioner Report
Submitted By:
Court
Relevance:
Contains a rough sketch related to the property.
Reference:
Ext.C1(a)