Case Summary
K.P.Abraham filed a suit for partition against his siblings Eliyamma, K.P.Joseph @ Ouseph, Mary Joseph, and K.P. Xavier regarding their father's property. The plaintiff claims he is entitled to 4/5 share of the property after his siblings transferred their shares to him.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Preliminary decree for partition
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit for partition, granting K.P.Abraham a 4/5 share of the property and allocating 1/5 share to the 4th defendant.
Why Plaintiff Won:
The court found that all parties are legal heirs and that the plaintiff is entitled to a larger share due to prior transfers.
The court found that all parties are legal heirs and that the plaintiff is entitled to a larger share due to prior transfers.
Losing Side's Weaknesses:
The court found that all parties are legal heirs and that the plaintiff is entitled to a larger share due to prior transfers.
The court found that all parties are legal heirs and that the plaintiff is entitled to a larger share due to prior transfers.
Supporting Evidence
From the unchallenged evidence, it can be seen that plaintiff and defendant is entitled to get a decree of partition as prayed for.
Judgment Evidence:
In the result, the suit is decreed and a preliminary decree for partition is passed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- K.P.Abraham
- Party Age
- 75
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Eliyamma
- Party Age
- 81
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- K.P.Joseph @ Ouseph
- Party Age
- 72
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mary Joseph
- Party Age
- 73
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- K.P. Xavier
- Party Age
- 70
- Relation
- S/o
Plaintiffs Documents
Original settlement deed bearing No.49/2017, Original settlement deed No.1041/2023, Tax receipt, Death certificate of Pailo, Gift deed No. 3205/1969
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P.S.Renjith
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
Preliminary decree for partition and possession of the plaint schedule properties
Evidence:
In the result, the suit is decreed and a preliminary decree for partition is passed
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Original settlement deed bearing No.49/2017 issued from SRO Kaduthuruthy
Reference:
Ext.A1
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Original settlement deed No.1041/2023 of SRO Kaduthuruthy
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt dated 12.04.2023 of Manjoor, Village Office
Reference:
Ext.A3
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Death certificate of Pailo, S/o Avira
Reference:
Ext.A4
Document Type:
Gift Deed
Submitted By:
Plaintiff
Relevance:
Gift deed No.3205/1969 of SRO, Kaduthuruthy
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Common Reasons
Partition of property
Case Code
Case between K.P.Abraham vs Eliyamma et al regarding partition
Case Code Year
Case between K.P.Abraham vs Eliyamma et al regarding partition