Case Summary
The case involves a partition suit filed by Ramani against the heirs of Chundayil Ammunni Amma. The plaintiff claims entitlement to a share in ancestral property, which the defendants have allegedly refused to partition.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Preliminary decree for partition of the property into 6 equal shares.
Case Type
Partition
Final Judgment
No
The court decreed the suit in favor of the plaintiff, granting her a 1/6 share in the ancestral property. The defendants were also allotted shares based on their relationship to the deceased.
Why Plaintiff Won:
The plaintiff proved her case by adducing cogent and reliable evidence that supported her claim to a share in the property.
The plaintiff proved her case by adducing cogent and reliable evidence that supported her claim to a share in the property.
Losing Side's Weaknesses:
The plaintiff proved her case by adducing cogent and reliable evidence that supported her claim to a share in the property.
The plaintiff proved her case by adducing cogent and reliable evidence that supported her claim to a share in the property.
Supporting Evidence
The plaintiff filed proof affidavit in lieu of her examination in chief. Since the defendant remained exparte, the evidence adduced by the plaintiff remained unchallenged. I find no reason to disbelieve the case of plaintiff.
Judgment Evidence:
In the result, the suit is decreed and a preliminary decree for partition is passed as follows: The plaint B schedule property shall be divided into 6 equal shares by metes and bounds.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Ramani
- Party Age
- 51
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Chundayil Ammunni Amma
- Party Age
- 80
- Party Role
- Defendant
- Party Name
- Pushpa Sankaranunni
- Party Age
- 55
- Party Role
- Defendant
- Party Name
- Aravindakshan
- Party Age
- 53
- Party Role
- Defendant
- Party Name
- Manoharan
- Party Age
- 48
- Party Role
- Defendant
- Party Name
- Ullattil Vasumathi Amma
- Party Age
- 70
Plaintiffs Documents
Certified Copy of Partition Deed, No. 1820/1929.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. C.Shanmughan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Dinesh Pookkayil
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. P.Sreehari
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
The plaintiff is entitled to a decree for partition of the property.
Evidence:
Therefore, I am satisfied that the plaintiff has proved her case by adducing cogent and reliable evidence. Hence, the plaintiff is entitled to a decree as prayed for.
Documents & Evidence
Document Type:
Certified Copy of Partition Deed
Submitted By:
Plaintiff
Relevance:
This document proves the ancestral property ownership that is under dispute in the partition suit.
Reference:
Ext.A1
Case Classification
Case Type
Partition
Category
Property and Possession Disputes
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Ramani vs Chundayil Ammunni Amma et al regarding Partition
Case Code Year
Case between Ramani vs Chundayil Ammunni Amma et al regarding Partition