Case Summary
Kunhiraman Nair filed a suit for partition of the plaint schedule property against Karthyayani Amma. The case involves the distribution of property inherited after the death of various family members.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaint schedule property shall be divided into four equal shares by metes and bounds.
Case Type
Civil Suit
Final Judgment
No
The court passed a preliminary decree for partition of the property, granting the plaintiff a ¾ share and the defendant a ¼ share.
Why Plaintiff Won:
The plaintiff proved his case and the defendant admitted the plaint claim.
The plaintiff proved his case and the defendant admitted the plaint claim.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The evidence of PW1 and the documents produced by his remains unchallenged. As such, I find that the plaintiff had proved his case and is entitled to a decree as prayed for.
Judgment Evidence:
A preliminary decree is passed as follows: 1) The plaint schedule property shall be divided into four equal shares by metes and bounds and the plaintiff is entitled to get ¾ share.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kunhiraman Nair
- Party Age
- 67
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Karthyayani Amma
- Party Age
- 70
- Relation
- D/o
Plaintiffs Documents
Kanam Sale deed No.2868/1981, Death certificate of Sekharan Nair, Death certificate of Nisha, Death certificate of Devaki
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.K.P.Gangadharan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt.Rincy Thomas
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Nithin Sathyendran
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
A preliminary decree is granted for partition of the plaint schedule property.
Evidence:
I find that the plaintiff had proved his case and is entitled to a decree as prayed for.
Documents & Evidence
Document Type:
Kanam Sale Deed
Submitted By:
Plaintiff
Relevance:
To substantiate the ownership of the plaint schedule property.
Reference:
Ext.A1
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
To establish the death of Sekharan Nair.
Reference:
Ext.A2
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
To establish the death of Nisha.
Reference:
Ext.A3
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
To establish the death of Devaki.
Reference:
Ext.A4
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Case Code
Case between Kunhiraman Nair vs Karthyayani Amma regarding partition
Case Code Year
Case between Kunhiraman Nair vs Karthyayani Amma regarding partition