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
The suit for partition was decreed, and the properties and income from the partnership business are to be divided into two equal shares between the plaintiff and defendant.
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.
Losing Side's Weaknesses:
The plaint averments were proved through unrebutted evidence and marked documents.
The plaint averments were proved through unrebutted evidence and marked documents.
Supporting Evidence
From the unrebutted evidence of PW1 and from Exts.A1 to A3 documents and Ext.C1 commission report the plaint averments stands proved.
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
Parties
- Party Role
- Plaintiff
- Party Name
- Manual Raju
- Party Age
- 55
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Leo Bernard
- Party Age
- 53
- Relation
- S/o
Plaintiffs Documents
Certified copy of Sale deed No. 325/1960, Certified copy of Sale Deed No. 798/1985, Certified copy of Sale Deed No. 1245/1979
Defendants Documents
Nil
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.Tresa Rani George
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Adam Ambrose.P
- Appearance Type
- Main Counsel
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
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Manual Raju vs Leo Bernard regarding partition
Case Code Year
Case between Manual Raju vs Leo Bernard regarding partition