Case Summary
The case involves a petition for passing a final decree for partition filed by the plaintiffs, who are seeking their share in the plaint schedule property. The preliminary decree was previously passed in favor of the plaintiffs, but there are objections regarding the plaintiffs' entitlement due to claims of adverse possession.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Final decree for partition
Case Type
Civil Suit
Final Judgment
No
The court accepted the partition report and the plan prepared by the advocate commissioner, granting the petitioners their rightful share of the property as per the decree. A final decree was passed for the separation and allotment of the property to the plaintiffs.
Why Plaintiff Won:
The partition was just and equitable based on the commissioner's report confirming the plaintiffs' entitlement.
The partition was just and equitable based on the commissioner's report confirming the plaintiffs' entitlement.
Losing Side's Weaknesses:
The partition was just and equitable based on the commissioner's report confirming the plaintiffs' entitlement.
The partition was just and equitable based on the commissioner's report confirming the plaintiffs' entitlement.
Supporting Evidence
The partition effected by the learned commissioner is just and equitable. Hence, the point is found in favour of the petitioners.
Judgment Evidence:
In the result, a final decree is passed in the following terms: 1.The plot ‘ABFEA’ in C1(b) plan is separated and allotted to the share of the petitioners/plaintiffs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Lekshmikutty Amma
- Party Age
- 86
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Baby Amma
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Sreekumaran Pillai
- Party Age
- 52
- Party Role
- Plaintiff
- Party Name
- Pushavalli
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Ushakumari Amma
- Party Age
- 65
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Sivasankara Pillai
- Party Role
- Defendant
- Party Name
- Gopalakrishna Pillai
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Balachandran Pillai
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Radhakrishna Pillai
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sumathy Amma
- Relation
- D/o
Plaintiffs Documents
Various documents supporting the claim for partition including preliminary decree dated 30/11/1990.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Feba L.Sudarsan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- S.Anilkumar
- Appearance Type
- Main Counsel
- Party Role
- Court
- Advocate Name
- Sinu.P.K.
- Appearance Type
- Government Pleader
Reliefs
Relief Type:
Final decree
Outcome:
Granted
Description:
Final decree for partition of the property as per the preliminary decree.
Evidence:
In the result, a final decree is passed in the following terms: 1. The plot ‘ABFEA’ in C1(b) plan is separated and allotted to the share of the petitioners/plaintiffs.
Documents & Evidence
Document Type:
Commission Report
Submitted By:
Court
Relevance:
The commission report, mahazar and plan were accepted and marked in evidence to establish the partition of the property as per the preliminary decree.
Reference:
Ext.C1 series
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
OS.NO.
Case Code Year
1987