Case Summary
The plaintiff, Rekha P.G, is seeking a partition of ancestral property against defendants Raji Dileep Kumar and Vijayalakshmi P.S. The plaintiff argues that she has a birthright to the property as a co-owner, while the defendants contest her claims.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Partition of plaint schedule property by metes and bounds into 3 equal shares.
Case Type
Partition Suit
Final Judgment
No
The court decreed the suit for partition, granting the plaintiff and defendants each a share of the property. The property will be partitioned into three equal shares.
Why Plaintiff Won:
The court found that the plaint schedule property is partible and that the plaintiff has a rightful claim as a co-owner.
The court found that the plaint schedule property is partible and that the plaintiff has a rightful claim as a co-owner.
Losing Side's Weaknesses:
The court found that the plaint schedule property is partible and that the plaintiff has a rightful claim as a co-owner.
The court found that the plaint schedule property is partible and that the plaintiff has a rightful claim as a co-owner.
Supporting Evidence
Hence the court is satisfied that the plaint schedule property is liable to be partitioned between the parties. Plaintiff and defendants are entitled for 1/3ʳᵈ share each in plaint schedule property.
Judgment Evidence:
In the result, the suit is decreed and a preliminary decree of partition is passed as given under: 1) Plaint schedule property is ordered to be partitioned by metes and bounds into 3 equal shares. 2) Plaintiff is entitled for 1/3 rd share in plaint schedule property. 3) Defendants are entitled for 1/3ʳᵈ share each in plaint schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Rekha P.G
- Party Age
- 48
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Raji Dileep Kumar
- Party Age
- 57
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Vijayalakshmi P.S
- Party Age
- 79
- Relation
- D/o
Plaintiffs Documents
Certified copy of Partition deed no. 2068/1973, Certified copy of Sale deed no 5370/1988, Office copy of lawyer notice dated 04.01.22.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- A Balagopalan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- A.Rajagopalan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sojo J Kallidukkil
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- M.N.Manmadan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- R.Rajesh
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Karthika S Varma
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Dinesh R Shenoy
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- M.K.Revi Joseph George
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
Plaintiff is entitled to a 1/3rd share in the partitioned property.
Evidence:
The court is satisfied that plaint schedule property is liable to be partitioned between the parties. Plaintiff and defendants are entitled for 1/3ʳᵈ share each in plaint schedule property.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
This deed established the initial partition of the ancestral properties among the members of the Kizhakke Parangott Nair Tharavadu.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
This deed details the sale of 12 cents of the property, highlighting the plaintiff's name inclusion as required by the purchaser.
Reference:
Ext.A2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This notice demanded partition into three equal shares, evidencing the plaintiff's intent to seek legal remedies.
Reference:
Ext.A3
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This card serves as proof of delivery of the lawyer's notice to the first defendant.
Reference:
Ext.A4
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This card serves as proof of delivery of the lawyer's notice to the second defendant.
Reference:
Ext.A5
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
This notice from Adv. Prakash P George affirms the plaintiff's co-ownership and willingness to partition.
Reference:
Ext.A6
Case Classification
Case Type
Partition Suit
Category
Property and Possession Disputes
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Rekha P.G vs Raji Dileep Kumar et al regarding partition of property.
Case Code Year
Case between Rekha P.G vs Raji Dileep Kumar et al regarding partition of property.