Case Summary
Plaintiff filed suit seeking partition of property claiming inheritance rights from father as per partition deed executed in 1980, defendants contested denial of plaintiff's ownership and profit share.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Partition of item No. 2 property into 21 equal shares
Case Type
Civil Suit - Partition
Final Judgment
No
The court decreed the partition of item No. 2 property into 21 equal shares among parties based on evidence presented by plaintiff.
Why Plaintiff Won:
The court found plaintiff's claim for share of property valid based on evidence and inheritance rights.
The court found plaintiff's claim for share of property valid based on evidence and inheritance rights.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
Under S.20 of The Indian Contract Act where both parties to an agreement are under a mistake, agreement is void. The law governing inheritance barred plaintiff's father from claiming share, supporting plaintiff's partition claim.
Judgment Evidence:
The suit is decreed as follows: The plaint B schedule item No. 2 shall be divided into 21 equal shares by metes and bounds.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kolankara Rajagopalapanikkar
- Party Age
- 72
- Relation
- S/o. Moolayil Krishnapanikkar
- Party Role
- Defendant
- Party Name
- Balamani Amma
- Party Age
- 75
- Relation
- D/o. Moolayil Krishnapanikkar and Kolankara Alathiyath Kuttimalu Amma
- Party Role
- Defendant
- Party Name
- Manoj
- Party Age
- 42
- Relation
- S/o. Kolankara Alathiyath Valsala
- Party Role
- Defendant
- Party Name
- Vinod Kumar
- Party Age
- 38
- Relation
- S/o. Kolankara Alathiyath Valsala
- Party Role
- Defendant
- Party Name
- Sunil Kumar
- Party Age
- 36
- Relation
- S/o. Kolankara Alathiyath Valsala
Plaintiffs Documents
Certified copy of partition deed No. 131/1980, Certified copy of Release Deed
Defendants Documents
Kanam Assignment Deed dated 25-2-1941
Advocates
Reliefs
Relief Type:
Partition
Outcome:
Granted
Description:
Partition of item No. 2 property into 21 equal shares
Evidence:
The suit is decreed as follows: The plaint B schedule item No. 2 shall be divided into 21 equal shares by metes and bounds.
Documents & Evidence
Document Type:
Certified Copy of Partition Deed
Submitted By:
Plaintiff
Relevance:
Based claim for ownership and inheritance rights
Reference:
A1
Document Type:
Certified copy of Release Deed
Submitted By:
Plaintiff
Relevance:
Supporting release of shares in property
Reference:
A2
Document Type:
Kanam Assignment Deed
Submitted By:
Defendant
Relevance:
Mentioned in defense against plaintiff's claim
Reference:
B1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Submitted by Advocate Commissioner regarding property details
Reference:
C1
Document Type:
Commission Plan
Submitted By:
Court
Relevance:
Submitted by Advocate Commissioner detailing property layout
Reference:
C2
Case Classification
Case Type
Civil Suit - Partition
Category
Family Property and Partition
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Kolankara Rajagopalapanikkar vs Balamani Amma et al regarding partition
Case Code Year
Case between Kolankara Rajagopalapanikkar vs Balamani Amma et al regarding partition