Case Summary
Roy Joseph and Tomy Joseph, brothers, are involved in a dispute over a paddy field they allegedly co-own. The plaintiff seeks partition and boundary fixation due to the defendant's alleged mischief.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Preliminary decree for partition into two equal shares.
Case Type
Civil Suit
Final Judgment
No
The suit is partly decreed, with the court finding the plaint schedule property partible, thus entitling both parties to equal shares.
Why Plaintiff Won:
The plaint schedule property is found partible and both parties have equal rights over it.
The plaint schedule property is found partible and both parties have equal rights over it.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The plaint schedule property is found partible and the plaintiff and the defendant are entitled to get an equal share of the property.
Judgment Evidence:
In the result, the suit is partly decreed and a preliminary decree is passed as follows: 1. The plaint schedule property is found partible and it shall be partitioned into two equal shares.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Roy Joseph
- Party Age
- 54
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Tomy Joseph
- Party Age
- 52
- Relation
- S/o
Plaintiffs Documents
Certified copy of Sale Deed No. 3132/1990 of Meenachil SRO, Tax receipt issued by Puliyannoor Village Office.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- S. Shanmugha Sundara Pillai
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Manoj George
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Thomas Joseph Thoomkuzhy
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Possession
Outcome:
Partly Granted
Description:
The suit is partly decreed and a preliminary decree is passed for partitioning the property.
Evidence:
In the result, the suit is partly decreed and a preliminary decree is passed as follows: - 1.The plaint schedule property is found partible and it shall be partitioned into two equal shares.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the sale deed establishing joint ownership of the property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt indicating property tax was remitted in the names of both plaintiff and defendant.
Reference:
Ext.A2
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Pala
Common Reasons
Partition of property
Case Code
Case between Roy Joseph vs Tomy Joseph regarding partition and fixation of boundary.
Case Code Year
Case between Roy Joseph vs Tomy Joseph regarding partition and fixation of boundary.