Case Summary
This case involves plaintiffs Reetha, Manjula, Nithambika seeking partition of property inherited from their parents, while defendants Sreeja, Gireesh, Nisha, and Hareesh contest the claims. The suit is filed to partition the plaint schedule properties and mesne profits equally among the parties.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaint schedule property shall be divided into 7 equal shares and the plaintiffs get 1/7 share each.
Case Type
Civil Suit
Final Judgment
No
The court found that the plaint schedule property is partible among plaintiffs and defendants, with each party entitled to 1/7 share. The suit for partitioning the properties and mesne profits was granted.
Why Plaintiff Won:
The plaint schedule property is inherited jointly by plaintiffs and defendants, making it subject to partition.
The plaint schedule property is inherited jointly by plaintiffs and defendants, making it subject to partition.
Losing Side's Weaknesses:
The plaint schedule property is inherited jointly by plaintiffs and defendants, making it subject to partition.
The plaint schedule property is inherited jointly by plaintiffs and defendants, making it subject to partition.
Supporting Evidence
The property is obtained by Pachatt Haridasan, father of both plaintiffs and defendants by virtue of order of Land Tribunal bearing numbers. There is no dispute as to the fact that the plaint schedule property is partible among plaintiff and defendants since it is a property inherited by them.
Judgment Evidence:
In the result, 1.That the plaint schedule property shall be divided into 7 equal shares and the plaintiffs get 1/7 share each.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Reetha
- Party Age
- 61
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Manjula
- Party Age
- 59
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Nithambika
- Party Age
- 48
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Sreeja
- Party Age
- 58
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Gireesh Pachatt
- Party Age
- 57
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Nisha
- Party Age
- 52
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Hareesh Pachatt
- Party Age
- 50
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Shyma
- Party Age
- 50
- Relation
- D/o
Plaintiffs Documents
Certified Copy of Partition deed no. 1536/1979, Certified Copy of Ozhimuri deed no. 1537/1979, Certified Copy of Correction deed no. 2600/1987, Certified Copy of Janmam assignment deed no. 2204/2000, Certified Copy of Settlement deed no. 2207/2000, Certified Copy of death Certificate of Haridasan, Certified Copy of death certificate of Nandini.
Defendants Documents
Original Ozhimuri agreement executed between Sreeja Babu and Shyma.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. K.B. Sahasranaman
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. T. K. Mithran
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. A. Hareesh
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. P. Nirmal Kumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt. P. Sree Ranjini
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Partition
Outcome:
Granted
Description:
The plaint schedule property shall be divided into 7 equal shares.
Evidence:
The plaint schedule property is partible among plaintiffs and defendants since it is a property inherited by them from their deceased father and mother.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the partition deed executed by Pachatt Haridasan and others.
Reference:
Ext.A1
Document Type:
Ozhimuri deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the Ozhimuri deed executed between Pachatt Malu Amma and Pachatt Haridasan.
Reference:
Ext.A2
Document Type:
Correction Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the correction deed executed by Pachatt Haridasan and others.
Reference:
Ext.A3
Document Type:
Janmam Assignment Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the Janmam assignment deed executed by Lakshmi, Peravakutty and others.
Reference:
Ext.A4
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the settlement deed executed between Pachatt Haridasan and Pachatt Nandini.
Reference:
Ext.A5
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Certified copy of the death certificate of Haridasan.
Reference:
Ext.A6
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Certified copy of the death certificate of Nandini Haridas.
Reference:
Ext.A7
Document Type:
Janmam Assignment Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the Janmam assignment deed executed between Unni Hassan Kutty and Pachatt Haridasan.
Reference:
Ext.A8
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Copy of the lawyer notice.
Reference:
Ext.A9
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal receipts related to the case.
Reference:
Ext.A10
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
Letter by Senior Superintendent of Post Office, Calicut.
Reference:
Ext.A11
Document Type:
Fair value report
Submitted By:
Plaintiff
Relevance:
Certified copy of fair value related to plaint A and C schedule properties.
Reference:
Ext.A12
Document Type:
Fair value report
Submitted By:
Plaintiff
Relevance:
Certified copy of fair value related to plaint B schedule properties.
Reference:
Ext.A13
Document Type:
Ozhimuri agreement
Submitted By:
Defendant
Relevance:
Original Ozhimuri agreement executed between Sreeja Babu and Shyma.
Reference:
Ext.B1
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Case Code
Case between Reetha et al vs Sreeja et al regarding partition
Case Code Year
Case between Reetha et al vs Sreeja et al regarding partition