Case Summary
Kannaki Viswanath and Arun Viswanathan are involved in a partition suit concerning the property inherited from their late mother, Jayanthi. The plaintiff sought a partition as the defendant was not amenable to it despite the co-ownership.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to get 1/2 share in plaint schedule property.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The evidence tendered by the plaintiff was unchallenged and established her entitlement.
The evidence tendered by the plaintiff was unchallenged and established her entitlement.
Judgment Evidence:
In the result, the suit is decreed as follows:- The plaint schedule properties are ordered to be partitioned by metes and bounds in to 2 equal shares including the rights over the B schedule way.
Parties Involved
Plaintiffs
Kannaki Viswanath (37 years years)
Arun Nivas, Punnayam Kara, Asamanoor Village, Kunnathunadu Taluk, Pin : 683544
Defendants
Arun Viswanathan (43 years years)
Kannamnkara House, Thattarathatta P.O., Kolany, Thodupuzha Taluk, Pin : 685586
Reliefs
Relief Type:
Partition
Outcome:
Granted
Description:
Partition of the plaint schedule properties by metes and bounds into 2 equal shares.
Evidence:
Hence, I find that the plaintiff is entitled for the relief of partition as prayed for.
Relief Type:
Possession
Outcome:
Granted
Description:
Plaintiff is entitled to be put in separate possession of her share in plaint schedule property.
Evidence:
Plaintiff is entitled to be put in separate possession of her share in plaint schedule property.
Documents & Evidence
Document Type:
Certified copy of the Partition Deed
Submitted By:
Plaintiff
Relevance:
Proves the case of the plaintiff regarding the partition of property.
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Supports the plaintiff's claim with evidence of property tax payment.
Reference:
Ext.A2
Document Type:
Copy of the death certificate
Submitted By:
Plaintiff
Relevance:
Establishes the death of the mother, Jayanthy, relevant to succession.
Reference:
Ext.A3
Document Type:
Copy of the death certificate
Submitted By:
Plaintiff
Relevance:
Establishes the death of the father, Viswanathan Nair, relevant to succession.
Reference:
Ext.A4
Document Type:
Legal heirship certificate
Submitted By:
Plaintiff
Relevance:
Establishes the legal heirs for the property in question.
Reference:
Ext.A5