Case Summary
The plaintiffs and defendants are children of the deceased Haridasan and Gomathy, seeking partition of ancestral property. The defendant has been accused of unauthorized construction, leading to this suit.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
The counterclaim plaintiffs/defendants have title and possession over the counterclaim A schedule property. Counterclaim plaintiff/1st defendant is entitled to separation and allocation of 8/12th share over the counterclaim B schedule property by effecting metes and bounds partition.
Case Type
Civil Suit
Final Judgment
No
The suit was dismissed while the counterclaim was decreed in favor of the defendant for title and possession over the counterclaim A schedule property and an 8/12 share of the counterclaim B schedule property.
Key Reasoning:
The defendant proved their title and possession over the counterclaim A schedule property.
The defendant proved their title and possession over the counterclaim A schedule property.
Why Defendant Won:
The defendant proved their title and possession over the counterclaim A schedule property.
The defendant proved their title and possession over the counterclaim A schedule property.
Supporting Evidence
The plaintiffs' contentions were found to be incorrect due to lack of evidence to support their claims against the legitimacy of the 1st defendant's title.
Judgment Evidence:
In the result, suit dismissed and counterclaim decreed as follows: 1. It is declared that the counterclaim plaintiffs/defendants have title and possession over the counterclaim A schedule property. 2. Counterclaim plaintiff/1st defendant is entitled to separation and allocation of 8/12th share over the counterclaim B schedule property by effecting metes and bounds partition.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Laila
- Party Age
- 49
- Relation
- W/o Appukuttan
- Party Role
- Plaintiff
- Party Name
- Renuka Mohan
- Party Age
- 47
- Relation
- W/o Mohandas
- Party Role
- Plaintiff
- Party Name
- Babuji
- Party Age
- 45
- Relation
- S/o Haridasan
- Party Role
- Plaintiff
- Party Name
- Ambili
- Party Age
- 43
- Relation
- W/o Satheesan
- Party Role
- Defendant
- Party Name
- Banarji
- Party Age
- 41
- Relation
- S/o Haridasan
- Party Role
- Defendant
- Party Name
- Animol
- Relation
- W/o Banarji
Plaintiffs Documents
Certified copy of Settlement Deed No. 2264/1961.
Defendants Documents
Copy of Settlement Deed No. 930/1987, Certified copy of Sale Deed No. 3582/04, Copy of Land Tax Receipt.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- S.Harikumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- P.Basanth
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- S.S.Ganesh
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Injunction
Outcome:
Partly Granted
Description:
A permanent prohibitory injunction restraining the defendant from making any construction on the plaint schedule property.
Evidence:
The plaintiffs are entitled to a total 4/5th share of the property.
Relief Type:
Partition
Outcome:
Partly Granted
Description:
Partition of the plaint schedule property by metes and bounds.
Evidence:
A preliminary decree permitting partition of the plaint schedule property by metes and bounds.
Relief Type:
Declaration
Outcome:
Granted
Description:
Title and possession over the counterclaim A schedule property.
Evidence:
It is declared that the counterclaim plaintiffs/defendants have title and possession over the counterclaim A schedule property.
Relief Type:
Partition
Outcome:
Granted
Description:
Separation and allocation of 8/12th share over the counterclaim B schedule property.
Evidence:
Counterclaim plaintiff/1st defendant is entitled to separation and allocation of 8/12th share over the counterclaim B schedule property by effecting metes and bounds partition.
Relief Type:
Partition
Outcome:
Granted
Description:
Counterclaim defendants/plaintiffs are entitled to get the remaining 4/12th share over the counterclaim B schedule property.
Evidence:
The counterclaim defendants/plaintiffs are entitled to get the remaining 4/12th share over the counterclaim B schedule property.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
This document serves as proof of the settlement deed under which the plaintiffs' parents acquired the property in question.
Reference:
Ext.A1
Document Type:
Settlement Deed
Submitted By:
Defendant
Relevance:
This document establishes the transfer of 5 cents of property to the first plaintiff.
Reference:
Ext.B1
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
This document indicates the sale of the 5 cents of property by the first plaintiff to the defendant.
Reference:
Ext.B2
Document Type:
Land Tax Receipt
Submitted By:
Defendant
Relevance:
This document shows that the defendant has been regularly paying land tax for the property in question.
Reference:
Ext.B3
Document Type:
Possession Certificate
Submitted By:
Defendant
Relevance:
This document certifies the defendant's possession of the property.
Reference:
Ext.B4
Document Type:
Release deed
Submitted By:
Defendant
Relevance:
This document reflects the relinquishment of share in favor of the defendant by their father.
Reference:
Ext.B6
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Partition
Case Code
Case between Laila et al vs Banarji et al regarding Partition and Injunction
Case Code Year
Case between Laila et al vs Banarji et al regarding Partition and Injunction