Case Summary
Kuruvilla T John @ Shibu is the plaintiff seeking partition of family properties from his siblings. The suit addresses disputes regarding co-ownership and division of inherited properties after the death of their parents.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
1/5 share in Item No.1, and ½ share in Item No.2 of the plaint schedule properties. Prohibitory injunction against acts of waste.
Case Type
Civil Suit
Final Judgment
No
The court concluded that the plaintiff is entitled to a 1/5 share in Item No. 1 and a 1/2 share in Item No. 2 of the plaint schedule properties. A preliminary decree for partition was passed along with a permanent injunction prohibiting defendants from committing acts of waste.
Why Plaintiff Won:
The court found the plaintiff's claims substantiated by the registered partition and gift deeds.
The court found the plaintiff's claims substantiated by the registered partition and gift deeds.
Losing Side's Weaknesses:
The court found the plaintiff's claims substantiated by the registered partition and gift deeds.
The court found the plaintiff's claims substantiated by the registered partition and gift deeds.
Supporting Evidence
Exhibit A1 Partition Deed 3612/1996 clearly shows that Item No.1 of the plaint schedule was allotted jointly to the mother Pennamma and her five children. Hence, title of the plaintiff is fully established.
Judgment Evidence:
In the result, the suit is decreed in part as follows: 1. It is declared that the plaintiff is entitled to 1/5 share in Item No.1, and ½ share in Item No.2 of the plaint schedule properties. 2. A preliminary decree for partition is hereby passed accordingly.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kuruvilla T John @ Shibu
- Party Age
- 56
- Relation
- S/o. Late T P John
- Party Role
- Defendant
- Party Name
- Jayamol T John
- Party Age
- 61
- Relation
- W/o. Thomas E C
- Party Role
- Defendant
- Party Name
- Raju T John
- Party Age
- 58
- Relation
- S/o. T P John
- Party Role
- Defendant
- Party Name
- Sheeba T John
- Party Age
- 54
- Relation
- W/o. K K Zachariah
- Party Role
- Defendant
- Party Name
- Shiny T John
- Party Age
- 51
- Relation
- D/o. Late T P John
Plaintiffs Documents
Certified copy of partition deed no.3612/1996, Certified copy of gift deed No.3866/1997, Land tax receipt (Thandaper NO.9356, Nattakom Village), Land Tax receipt (Thandaper No.9432, Nattakom Village), Copy of building tax receipt issued from Kottayam Municipality
Defendants Documents
Consent letter (Permit) issued from Nattakom Gramapanchayat, Building tax receipt issued from Kottayam Municipality, Labour estimate of the proposed residential building, Bills received for the purchase of building materials, Medical Certificate of Shiny T John issued by Dr. Suresh G A
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Georgekutty C A
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Shaji Varghese
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Partition
Outcome:
Granted
Description:
Plaintiff is entitled to 1/5 share in Item No.1 and ½ share in Item No.2.
Evidence:
It is declared that the plaintiff is entitled to 1/5 share in Item No.1, and ½ share in Item No.2.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants are restrained from committing any act of waste or making any alteration in the plaint schedule properties until the final decree is passed.
Evidence:
The defendants are restrained by permanent prohibitory injunction from committing any act of waste or making any alteration in the plaint schedule properties until the final decree is passed.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Establishes the joint allotment of plaint item No.1.
Reference:
Ext.A1
Document Type:
Gift Deed
Submitted By:
Plaintiff
Relevance:
Establishes the plaintiff's ½ share in item No.2.
Reference:
Ext.A2
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Evidence related to property tax for plaint item.
Reference:
Ext.A3
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Evidence related to property tax for plaint item.
Reference:
Ext.A4
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
Evidence related to property tax for plaint item.
Reference:
Ext.A5
Document Type:
Consent letter
Submitted By:
Defendant
Relevance:
Document related to permission for construction.
Reference:
Ext.B1
Document Type:
Building Tax Receipt
Submitted By:
Defendant
Relevance:
Evidence related to property tax for defendant's item.
Reference:
Ext.B2
Document Type:
Labour Estimate
Submitted By:
Defendant
Relevance:
Estimate for proposed residential building construction.
Reference:
Ext.B3
Document Type:
Bills for Building Materials
Submitted By:
Defendant
Relevance:
Bills for materials used in construction.
Reference:
Ext.B4 series
Document Type:
Medical Certificate
Submitted By:
Defendant
Relevance:
Medical documentation related to the health of a defendant.
Reference:
Ext.B5
Document Type:
Oral Evidence
Submitted By:
Plaintiff
Relevance:
Testimonies supporting the claim for partition.
Reference:
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Case Code
Case between Kuruvilla T John @ Shibu vs Jayamol T John et al regarding partition and consequential reliefs.
Case Code Year
Case between Kuruvilla T John @ Shibu vs Jayamol T John et al regarding partition and consequential reliefs.