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
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.
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
Plaintiffs
Lakshmi Velu (83 years)
Nikarthil House, Panangadu P O, Kumbalam Village, Ernakulam District
Remani Sasidharan (62 years)
Palliparambil House, Aroor, Aroor Village, Cherthala Taluk, Alappuzha District
Rameshan N V (60 years)
Nikarthil House, Near Panangadu Bus Stand, Kumbalam Village, Kanayannur Taluk, Ernakulam District
Susheela Sasi (58 years)
Thoppil Nikarthil Changanatt Kadavu, Panangadu P O, Kumbalam Village, Kanayannur Taluk, Ernakulam District
Kanaka Sathyan (54 years)
Madathiparambil House, Panavally Village, Cherthala Taluk, Alappuzha District
Defendants
Venugopalan N V (48 years)
Nikarthil House, Panangadu P O, Kumbalam Village, Kanayannur Taluk, Ernakulam District
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