Case Summary
The plaintiff, Mini, is seeking a partition of the property after the death of her mother, Mariyakutty. The defendants include her father, Kunjappan, and her half-brother, Binu, both of whom have been set ex-parte for failing to appear before the court.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Preliminary decree of partition
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The court found that the plaintiff is legally entitled to a share of the property as per the provisions of the Indian Succession Act.
The court found that the plaintiff is legally entitled to a share of the property as per the provisions of the Indian Succession Act.
Judgment Evidence:
In the result, a preliminary decree of partition is hereby passed decreed as follows: a) The plaint schedule property must be divided into 3 equal shares by metes and bounds partition of which plaintiff is entitled to get 1/3rd share and the defendants is entitled to get 2/3rd share.
Parties Involved
Plaintiffs
Mini (51 years)
Kunnathu House, Enanelloor Kara, Enanelloor Village, Ayavana P O.
Defendants
Kunjappan (75 years)
Pookottil House, Kalamboor Kara, Enanelloor Village.
Binu (43 years)
Puthenpurackal House, Vandipetta, Thiruvaniyoor Kara, Thiruvaniyoor Village, Kunnathunadu Taluk.
Reliefs
Relief Type:
Partition
Outcome:
Granted
Description:
Plaintiff requested partition of the plaint schedule property.
Evidence:
a) The plaint schedule property must be divided into 3 equal shares by metes and bounds partition of which plaintiff is entitled to get 1/3rd share and the defendants is entitled to get 2/3rd share.
Relief Type:
Possession
Outcome:
Granted
Description:
The plaintiff must be put into possession of her 1/3rd share of the property.
Evidence:
b) 1/3rd share of the plaintiff must be separated and the plaintiff must be put into a possession over the same.
Documents & Evidence
Document Type:
Certified Copy of Deed
Submitted By:
Plaintiff
Relevance:
The document establishes the ownership of the plaintiff's mother over the property being partitioned.
Reference:
Ext.A1
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
The document provides proof of the mother's death, which is relevant for the partition case.
Reference:
Ext.A2
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
Plaintiff was examined as PW1 to support her claims.
Reference: