Case Summary
This case involves a partition suit between two brothers, Manual Raju and Leo Bernard, who are the sons of late George and late Marykutty. They are seeking to divide their inherited properties and income from a partnership business following their father's death.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Division of the plaint items, income from partnership and rental income into 2 equal shares.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaint averments were proved through unrebutted evidence and marked documents.
The plaint averments were proved through unrebutted evidence and marked documents.
Judgment Evidence:
In the result, suit is decreed and preliminary decree is passed as follows: A) The plaint items, income from partnership and rental income from the building in plaint B schedule are to be divided into 2 equal shares and the plaintiff and defendant will be entitled to get each share.
Parties Involved
Plaintiffs
Manual Raju (55 years years)
Elenjimattum House, Netoor, Maradu Village
Defendants
Leo Bernard (53 years years)
Elenjimattum House, Kundanoor, Maradu Village
Reliefs
Relief Type:
Partition
Outcome:
Granted
Description:
The plaintiff is entitled to partition of the properties.
Evidence:
Hence the plaintiff is entitled to get a decree as prayed for.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale deed No. 325/1960 relevant to the property in dispute.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale Deed No. 798/1985 relevant to the property in dispute.
Reference:
Ext.A2
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale Deed No. 1245/1979 relevant to the property in dispute.
Reference:
Ext.A3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
The report of the Advocate Commissioner related to the case.
Reference:
Ext.C1