Case Summary
The plaintiffs, including the widow and children of late Velu, are seeking a partition of properties following his intestate death. The defendant, another son of Velu, claims that a family settlement from 2004 has already resolved the matter.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Partition of the plaint schedule properties into 8 equal shares
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiffs, granting a preliminary decree for partition of the properties. The plaintiffs are entitled to a larger share, while the defendant was allotted a smaller fraction.
Why Plaintiff Won:
The plaintiffs proved that the properties were partible and had not been properly partitioned as per the prior family settlement.
The plaintiffs proved that the properties were partible and had not been properly partitioned as per the prior family settlement.
Losing Side's Weaknesses:
The plaintiffs proved that the properties were partible and had not been properly partitioned as per the prior family settlement.
The plaintiffs proved that the properties were partible and had not been properly partitioned as per the prior family settlement.
Supporting Evidence
The suit cannot be considered as one barred by res judicata. The right to seek partition persists as long as joint ownership exists.
Judgment Evidence:
In the result, the suit is decreed partly and a preliminary decree of partition is passed as given under: 1) Plaint schedule property is ordered to be partitioned by metes and bounds into 8 equal shares.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Lakshmi Velu
- Party Age
- 83
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Remani Sasidharan
- Party Age
- 62
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Rameshan N V
- Party Age
- 60
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Susheela Sasi
- Party Age
- 58
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Kanaka Sathyan
- Party Age
- 54
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Venugopalan N V
- Party Age
- 48
- Relation
- S/o
Plaintiffs Documents
Purchase certificate No: 1355/75 of Land Tribunal, Thripunithura, Certified copy of Sale deed No: 2592/1983.
Defendants Documents
Certified copy of the family settlement cum mediation agreement
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P Martin Jose
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- V A Johnson
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Eldho Cherian
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Saju Wahab
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Hani P Nair
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- B S Sureshkumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Partition
Outcome:
Granted
Description:
Decree of partition of plaint schedule properties into nine equal shares.
Evidence:
Suit is for partition. Hence, the suit.
Relief Type:
Mesne Profits
Outcome:
Refused
Description:
Claim for mesne profits at the rate of Rs. 1,50,000/- per annum.
Evidence:
Accordingly, I find no merit in the contention that plaintiffs are entitled for any mesne profit from plaint schedule property.
Relief Type:
Counter Claim
Outcome:
Dismissed
Description:
Defendant's counter claim related to family settlement
Evidence:
Hence, the counter claim is dismissed with costs.
Documents & Evidence
Document Type:
Purchase Certificate
Submitted By:
Plaintiff
Relevance:
Proves the acquisition of land in Kumbalam by the late Velu.
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Confirms payment of land tax related to properties in Kumbalam.
Reference:
Ext.A2
Document Type:
Certificate
Submitted By:
Plaintiff
Relevance:
Issued by the village office to confirm ownership.
Reference:
Ext.A3
Document Type:
Certified copy of Sale Deed
Submitted By:
Plaintiff
Relevance:
Establishes the sale of Oonni number 56.
Reference:
Ext.A4
Document Type:
Certificate
Submitted By:
Plaintiff
Relevance:
Confirms fishing rights for Oonni number 56.
Reference:
Ext.A5
Document Type:
Certified Copy of Certificate
Submitted By:
Plaintiff
Relevance:
Confirms fishing rights for Oonni number 56.
Reference:
Ext.A6
Document Type:
Certified Copy of Certificate
Submitted By:
Plaintiff
Relevance:
Confirms fishing rights for Oonni number 72.
Reference:
Ext.A7
Document Type:
Certified Copy of Certificate
Submitted By:
Plaintiff
Relevance:
Proves fishing rights for Oonni number 110.
Reference:
Ext.A8
Document Type:
Certificate
Submitted By:
Plaintiff
Relevance:
Confirms fishing rights related to Oonni number 64 and 90.
Reference:
Ext.A9
Document Type:
Certified copy of Death Certificate
Submitted By:
Plaintiff
Relevance:
Confirms the death of Velu.
Reference:
Ext.A10
Document Type:
Certified Copy of Relationship Certificate
Submitted By:
Plaintiff
Relevance:
Establishes legal heirs of late Velu.
Reference:
Ext.A11
Document Type:
Certified Copy of Judgment
Submitted By:
Plaintiff
Relevance:
Related to previous suit OS 903/2009.
Reference:
Ext.A12
Document Type:
Certified Copy of Judgment
Submitted By:
Plaintiff
Relevance:
Related to appeal of OS 903/2009.
Reference:
Ext.A13
Document Type:
Certified copy of decree
Submitted By:
Plaintiff
Relevance:
Related to appeal of OS 903/2009.
Reference:
Ext.A14
Document Type:
Certified Copy of Family Settlement
Submitted By:
Defendant
Relevance:
Claims to establish terms for property distribution.
Reference:
Ext.B1
Document Type:
Certified Copy of Suit Document
Submitted By:
Defendant
Relevance:
Evidence of previous suit OS 903/2009.
Reference:
Ext.B2
Document Type:
Certified copy of written statement
Submitted By:
Defendant
Relevance:
Related to previous suit OS 903/2009.
Reference:
Ext.B3
Document Type:
Certified Copy of Proof Affidavit
Submitted By:
Defendant
Relevance:
Deposition from OS 903/2009.
Reference:
Ext.B4
Document Type:
Certified copy of deposition
Submitted By:
Defendant
Relevance:
Scribes of family settlement's deposition.
Reference:
Ext.B5
Document Type:
Certified copy of deposition
Submitted By:
Defendant
Relevance:
Scribes of family settlement's deposition.
Reference:
Ext.B6
Document Type:
Certified copy of deposition
Submitted By:
Defendant
Relevance:
Deposition from the first plaintiff in OS 903/2009.
Reference:
Ext.B7
Document Type:
Certified copy of deposition
Submitted By:
Defendant
Relevance:
Deposition from the third plaintiff in OS 903/2009.
Reference:
Ext.B8
Document Type:
Certified Copy of Licence
Submitted By:
Defendant
Relevance:
Confirms Oonni registered to the third plaintiff.
Reference:
Ext.B9
Document Type:
Certified copy of FIR
Submitted By:
Defendant
Relevance:
Related to a police complaint.
Reference:
Ext.B10
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Partition of property
Case Code
Case between Lakshmi Velu et al vs Venugopalan N V regarding partition of properties
Case Code Year
Case between Lakshmi Velu et al vs Venugopalan N V regarding partition of properties