Case Summary
Moly filed a suit against her siblings Mathukutty, Paul P. M., Valsa Varghese, Mini Jose, Saramma George, Stephy Gladson, and Saphin George seeking partition of the family property inherited from their deceased father, Mathu, who died intestate. The defendants denied Moly's claims, stating she had already received her share.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Preliminary decree for partition of the plaint schedule property into six equal shares.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff is a legal heir and established that no valid partition had taken place.
The plaintiff is a legal heir and established that no valid partition had taken place.
Judgment Evidence:
In the result, the suit is decreed and a preliminary decree for partition is passed on the following terms: 1. The plaint schedule property shall be divided into six equal shares, by metes and bounds. 2. The plaintiff is entitled to one such one-sixth share in the plaint schedule property.
Parties Involved
Plaintiffs
Moly (63 years)
Pathickal House, Perumbavoor Kara, Perumbavoor Village, Kunnathunadu Taluk
Defendants
Mathukutty (65 years)
Pathickal House, Perumbavoor Kara, Perumbavoor Village
Paul P. M. (57 years)
Pathickal House, Perumbavoor Kara, Perumbavoor Village
Valsa Varghese (61 years)
5 LML Colony East Bharatheepuram, P. N. Palayam, Koyambathoor, Thamilnadu, Pin- 641037
Mini Jose (51 years)
C/o. Jose Electricals, Somasundaram Mil Road, Koyambathoor, Pin- 641009
Saramma George (61 years)
C/o. Steffy George, First Floor, House No 10, Jeni Nivas, Idira Nagar, Sumgam Bypass Road, Koyambathoor, Pin- 641009
Reliefs
Relief Type:
Partition
Outcome:
Granted
Description:
A preliminary decree for partition was passed, directing the plaint schedule property to be divided into six equal shares.
Evidence:
The suit is decreed and a preliminary decree for partition is passed on the following terms: 1. The plaint schedule property shall be divided into six equal shares...
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale Deed No. 2410/1956, under which late Mathu acquired the plaint schedule property.
Reference:
Ext.A1
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Settlement Deed No. 5403/1998, whereby an extent of 2.80 cents together with rights of pathway and the right to draw water from the well was allotted to the plaintiff.
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt pertaining to the said property and produced to show possession and enjoyment.
Reference:
Ext.A3
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt from Village Office to show possession and enjoyment.
Reference:
Ext.A4
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Legal notice issued by the plaintiff demanding partition of the suit property.
Reference:
Ext.A5
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Postal receipts showing that the notice was duly sent to the defendants.
Reference:
Ext.A6 Series
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Sale Deed No. 3458/2010, by which one Pareedkunju purchased the second defendant’s one-sixth share in court auction.
Reference:
Ext.B1
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Sale Deed No. 4559/2017, under which the said right was subsequently assigned to the first defendant.
Reference:
Ext.B2
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
Tax receipt produced to show the first defendant’s payment of land tax in respect of the portion he claims to be in his possession.
Reference:
Ext.B3