Case Summary
The plaintiff, M N Kurian, seeks partition of property inherited from his deceased mother, Sosamma Ninan. The defendants, children of the plaintiff's uncle, contest his claims over the properties.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff has 1/4th share over the plaint schedule item no.1 property and a shared interest in the plaint schedule item no.2 property.
Case Type
Civil Suit
Final Judgment
No
The court decreed a partition of the properties in question, recognizing the shared rights of the plaintiff and the defendants.
Why Plaintiff Won:
The plaintiff established his legal right to the properties through the will executed by his mother.
The plaintiff established his legal right to the properties through the will executed by his mother.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The plaintiff could establish his case that his mother has got share over plaint schedule item no.1 and 2 properties. As the mother had bequeathed her share over plaint schedule item no.1 property to the plaintiff, the plaintiff has got ¼ right over the plaint schedule item no.1 property.
Judgment Evidence:
In the result, the suit is decreed as follows. The plaintiff has 1/4th share over the plaint schedule item no.1 property. The plaint schedule item no.1 property is divided in to 4 equal shares. The plaint schedule item no. 2 property is divided into 2 equal shares. The plaintiff and his siblings jointly have one such share (1/2 share) over the plaint schedule item no. 2 property. The defendants have one such share (1/2 share) over the plaint schedule item no. 2 property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M N Kurian
- Party Age
- 59
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Santhamma
- Party Age
- 52
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Molly
- Party Age
- 50
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Ammalkutty
- Party Age
- 40
- Relation
- W/o
Plaintiffs Documents
Copy of Sale Deed no. 2353/1959, Copy of Thandaper, Death Certificate of Sosamma Ninan, Will no. 186/2007
Defendants Documents
Baptized Certificate by St. Andrew's Malankara Catholic Church, Copy of Judgment in OS 428/2007, Tax Receipt
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Georgekutty C A
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Saji Koduvathu
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
The plaintiff is entitled to partition the plaint schedule properties.
Evidence:
In the result, the suit is decreed as follows. The plaintiff has 1/4th share over the plaint schedule item no.1 property.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Copy of Sale Deed no. 2353/1959, which establishes title over plaint schedule item no.1 property.
Reference:
Ext.A1
Document Type:
Thandaper
Submitted By:
Plaintiff
Relevance:
Document supporting the plaint's claims regarding the property.
Reference:
Ext.A2
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Death Certificate of M N Kurian, which establishes legal standing.
Reference:
Ext.A3
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Death Certificate of Sosamma Ninan, which is relevant for inheritance claims.
Reference:
Ext.A4
Document Type:
Will
Submitted By:
Plaintiff
Relevance:
Will no. 186/2007 which bequeaths her share in plaint schedule item no.1 property to the plaintiff.
Reference:
Ext.A5
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Copy of Settlement Deed no. 1751/1993 relevant to property claims.
Reference:
Ext.A6
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Copy of Settlement Deed no. 3105/1994 relevant to property claims.
Reference:
Ext.A7
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Copy of Settlement Deed no. 525/2016 relevant to property claims.
Reference:
Ext.A8
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Sale deed no. 2755/1994 relevant to property claims.
Reference:
Ext.A9
Document Type:
Baptized Certificate
Submitted By:
Defendant
Relevance:
Document related to the defendants' claims.
Reference:
Ext.B1
Document Type:
Judgment
Submitted By:
Defendant
Relevance:
Copy of Judgment in OS 428/2007 which may have relevance to case.
Reference:
Ext.B2
Document Type:
Baptized Page
Submitted By:
Defendant
Relevance:
Document relevant to identity claims of the defendants.
Reference:
Ext.B3
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
Tax receipts relevant to property claims.
Reference:
Ext.B4
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
Tax receipts relevant to property claims.
Reference:
Ext.B4(a)
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
Tax receipts relevant to property claims.
Reference:
Ext.B4(b)
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
Tax receipts relevant to property claims.
Reference:
Ext.B4(c)
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 M N Kurian vs Santhamma et al regarding partition
Case Code Year
Case between M N Kurian vs Santhamma et al regarding partition