Case Summary
The case involves a dispute over partitioning property originally owned by Padmavathy Amma. The plaintiff, Kalyani Mohan, seeks to claim her share against the defendants, who are her siblings and a leaseholder.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Partition and recovery of Rs.1,80,000
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The court found the plaintiff's claim for partition valid based on co-ownership established through legal documents.
The court found the plaintiff's claim for partition valid based on co-ownership established through legal documents.
Judgment Evidence:
In the result, the suit is decreed as follows: A) The plaintiff is entitled to get partition and separation possession of 1/4th share of plaint schedule property by metes and bounds. B) Plaintiff is allowed to recover Rs.1,80,000/(Rupees One lakh Eighty thousand only) from 2nd defendant or from his assets. C) The plaintiff is also entitled to get the costs of the suit from the defendant Nos. 1 to 3.
Parties Involved
Plaintiffs
Kalyani Mohan (40 years)
Ajantha Paradise, Kithri Guppe, Bana Sankari, 8th stage, Bengaluru, Karnataka
N.Mohan (76 years)
502296C Padma, Modern Avenue, Ponekkara, Kanayannoor Taluk, Ernakulam
Defendants
Dr. N.Kochupillai (78 years)
ITPL Flat No.401, White Field Road, Bengaluru 560066
N.Dhanapalan (72 years)
Factory ward, Alappuzha West Village
N.Jayasurya (53 years)
ITPL Flat No.005, White field Road, Bengaluru 560066
The proprietor, Milan Silk house (Milan Design) (Age not specified years)
M.G Road, Kanayannoor, Ernakulam
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
The plaintiff is entitled to get partition and separation possession of 1/4th share of plaint schedule property by metes and bounds.
Evidence:
The suit is decreed as follows: A) The plaintiff is entitled to get partition and separation possession of 1/4th share of plaint schedule property by metes and bounds.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to recover Rs.1,80,000/- from the 2nd defendant or from his assets.
Evidence:
B) Plaintiff is allowed to recover Rs.1,80,000/- (Rupees One lakh Eighty thousand only) from 2nd defendant or from his assets.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff is entitled to get the costs of the suit from the defendants Nos. 1 to 3.
Evidence:
C) The plaintiff is also entitled to get the costs of the suit from the defendants Nos. 1 to 3.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
To show that the plaintiff is claiming the property based on the partition deed No.3317/1979.
Reference:
Ext.A1
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
To show that the father of the plaintiff executed a settlement deed in favor of the plaintiff regarding a 1/4th undivided share.
Reference:
Ext.A2
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
To demonstrate that the plaintiff demanded partition of the property through a legal notice.
Reference:
Ext.A3
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
To prove that the legal notice was served to the defendants.
Reference:
Ext.A4
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
To indicate that the defendants received the legal notice.
Reference:
Ext.A5
Document Type:
General Power of Attorney
Submitted By:
Plaintiff
Relevance:
To establish the authority of the plaintiff's representative in the suit.
Reference:
Ext.A6
Document Type:
Specific power of attorney
Submitted By:
Plaintiff
Relevance:
To further establish the authority of the plaintiff's representative in the suit.
Reference:
Ext.A7
Document Type:
Agreement
Submitted By:
Unknown
Relevance:
To show the lease agreement regarding the usage of the plaint schedule property by the fourth defendant.
Reference:
Ext.X1