Case Summary
Plaintiffs, the children of Velayudhan, filed a suit against defendant Unnikrishnan seeking partition of property inherited from their father. The plaintiffs claimed a larger share based on the genealogy and ownership history of the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Preliminary decree for partition
Case Type
Civil Suit - Partition
Final Judgment
No
The court granted a preliminary decree for partition in favor of the plaintiffs, dividing the property equally among the parties.
Why Plaintiff Won:
The plaintiffs provided cogent and reliable evidence to prove their entitlement to a larger share of the property based on ownership history and notices served.
The plaintiffs provided cogent and reliable evidence to prove their entitlement to a larger share of the property based on ownership history and notices served.
Losing Side's Weaknesses:
The plaintiffs provided cogent and reliable evidence to prove their entitlement to a larger share of the property based on ownership history and notices served.
The plaintiffs provided cogent and reliable evidence to prove their entitlement to a larger share of the property based on ownership history and notices served.
Supporting Evidence
I find no reason to disbelieve PW1. Therefore, I hold a view that the plaintiffs have proved their case by adducing cogent and reliable evidence.
Judgment Evidence:
Therefore, the plaintiffs are entitled to get a decree as prayed for.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sukumaran
- Party Age
- 58
- Relation
- S/o Velayudhan
- Party Role
- Plaintiff
- Party Name
- Devayani
- Party Age
- 56
- Relation
- W/o Vallayil Sreedharan
- Party Role
- Plaintiff
- Party Name
- Sulochana
- Party Age
- 54
- Relation
- W/o Thuppayil Unni
- Party Role
- Plaintiff
- Party Name
- Suseela
- Party Age
- 47
- Relation
- W/o Chandanapurath Mani
- Party Role
- Defendant
- Party Name
- Maniyampalli Unnikrishnan
- Party Age
- 45
- Relation
- S/o Velayudhan
Plaintiffs Documents
Copy of Purchase Certificate No. 3760/1976, Copy of registered Lawyer Notice with Postal receipt
Defendants Documents
Not available
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. E.C. Suresh
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Partition
Outcome:
Granted
Description:
Preliminary decree passed dividing the property among the parties.
Evidence:
The plaintiffs are entitled to get a decree as prayed for.
Documents & Evidence
Document Type:
Copy of Purchase Certificate
Submitted By:
Plaintiff
Relevance:
To prove ownership history of the property.
Reference:
Ext.A1
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Evidence of notice served to defendant for partition.
Reference:
Ext.A2
Case Classification
Case Type
Civil Suit - Partition
Category
Family Property and Partition
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Maniyampalli Velayudhan's Children et al vs Maniyampalli Unnikrishnan regarding partition of property
Case Code Year
Case between Maniyampalli Velayudhan's Children et al vs Maniyampalli Unnikrishnan regarding partition of property