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
The suit is decreed in favor of the plaintiff for partition of the property into equal shares. The defendant did not contest the suit.
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.
Losing Side's Weaknesses:
The evidence tendered by the plaintiff was unchallenged and established her entitlement.
The evidence tendered by the plaintiff was unchallenged and established her entitlement.
Supporting Evidence
The evidence tendered by PW1 and the documents marked stands unchallenged. No contra evidence adduced. Hence, I find that the plaintiff is entitled for the relief of partition as prayed for.
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
Parties
- Party Role
- Plaintiff
- Party Name
- Kannaki Viswanath
- Party Age
- 37
- Relation
- W/o.
- Party Role
- Defendant
- Party Name
- Arun Viswanathan
- Party Age
- 43
- Relation
- S/o.
Plaintiffs Documents
Certified copy of the partition deed No.2950/1993, Land tax receipt, Copy of the death certificate of Jayanthi, Copy of the death certificate of Viswanathan Nair, Legal heirship certificate.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- G. Santhoshkumar
- Appearance Type
- Main Counsel
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
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Kolenchery
Common Reasons
Case Code
Case between Kannaki Viswanath vs Arun Viswanathan regarding partition.
Case Code Year
Case between Kannaki Viswanath vs Arun Viswanathan regarding partition.