Case Summary
The case involves Radha Amma's legal heirs and Radhakrishnan regarding the partition of property originally belonging to Kollekkat Ammu Amma. The plaintiffs seek a decree for partition of the property, claiming a new house constructed with the defendant's permission.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The court found that the original plaintiff had constructed the house with the defendant's consent and that excluding the house from the partition served the interests of equity.
The court found that the original plaintiff had constructed the house with the defendant's consent and that excluding the house from the partition served the interests of equity.
Judgment Evidence:
In the result, the suit is decreed and the preliminary decree is passed as follows: I. The plaint schedule property shall be divided into 2 equal shares by metes and bounds. II. The Suppl. plaintiffs No. 2 to 5 are jointly entitled to get ½ share out of such 2 shares. III. The defendant is entitled to get ½ share out of such 2 shares. IV. The house in the plaint schedule property is excluded from partition and the Suppl. Plaintiffs No.2 to 5 are jointly entitled to reservation of the house.
Parties Involved
Plaintiffs
Radha Amma (73 years years)
Kollekkat House, Pallipram amsom desom, P.O.Chamravattom, Tirur Taluk. PIN 676 110.
Ambika (51 years years)
Kandully House, Thavanur amsom desom, Ponnani Taluk.
Prasanna (48 years years)
Kattiparuthi amsom Vaikathur desom, Tirur Taluk.
Beena (41 years years)
Kollekkat House, Pallipram amsom desom, P.O.Chamravattom, Tirur Taluk.
Jaya (38 years years)
Animangalath House, Ozhur amsom desom & Post, Tirur Taluk.
Defendants
Radhakrishnan (58 years years)
Thavanoor amsom desom, P.O.Thripaloor, Defendant Ponnani Taluk.
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
The plaintiffs are entitled to a joint share in the property and reservation of the house.
Evidence:
Therefore, I am satisfied that the house in the property is to be excluded from the partition.
Relief Type:
Possession
Outcome:
Granted
Description:
The defendant is entitled to a share in the property.
Evidence:
The defendant is entitled to get ½ share out of such 2 shares.
Relief Type:
Possession
Outcome:
Granted
Description:
Suppl. plaintiffs No. 2 to 5 are jointly entitled to a share in the property.
Evidence:
The Suppl. plaintiffs No. 2 to 5 are jointly entitled to get ½ share out of such 2 shares.
Documents & Evidence
Document Type:
Jenm Assignment Deed
Submitted By:
Plaintiff
Relevance:
This document is referenced as evidence of the original ownership and transfer of rights over the property.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This notice was issued by the defendant to stop the construction of the house on the property.
Reference:
Ext.A2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
The court used this report as evidence to assess the situation related to the property.
Reference:
Ext.C1
Document Type:
Commission Plan
Submitted By:
Court
Relevance:
The court utilized this plan to understand the layout and dimensions of the property in question.
Reference:
Ext.C2