Case Summary
The plaintiff and defendant are brothers who are joint owners of a property. The plaintiff seeks partition of the property and a share of profits from the property, claiming the defendant is not willing to divide the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Preliminary decree of partition of the property into two equal shares
Case Type
Civil Suit
Final Judgment
No
The court partly decreed the suit and passed a preliminary decree of partition, entitling the plaintiff to a half share in the property. The defendant is also entitled to his half share.
Why Plaintiff Won:
The court found that the property is partible and both parties are joint owners as per the settlement deed.
The court found that the property is partible and both parties are joint owners as per the settlement deed.
Losing Side's Weaknesses:
The court found that the property is partible and both parties are joint owners as per the settlement deed.
The court found that the property is partible and both parties are joint owners as per the settlement deed.
Supporting Evidence
The court is satisfied that plaintiff is joint owner of plaint schedule along with defendant and hence plaint schedule property is partible and plaintiff is entitled to 1/2 share.
Judgment Evidence:
In the result, the suit is partly decreed and a preliminary decree of partition is passed as given under: 1) Plaintiff is entitled for 1/2 share in plaint schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sajeevan
- Party Age
- 48
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Rajeevan
- Party Age
- 54
- Relation
- S/o
Plaintiffs Documents
Certified copy of settlement deed No.1815/1995, Tax receipt, Death certificate of father
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Dalbi Emmanuel P
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Binu Jelson
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- T R Madhu
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sooraj T S
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Partly Granted
Description:
Plaintiff's request for partition of property and claim for share.
Evidence:
The court is satisfied that plaint schedule property is partible and plaintiff is entitled to get 1/2 share in plaint schedule property.
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Plaintiff sought a prohibitory injunction against the defendant.
Evidence:
Therefore the court is satisfied that plaintiff is not entitled for a decree of permanent prohibitory injunction as sought for.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Certified copy shows joint ownership of plaint schedule property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Indicates tax payment related to the property.
Reference:
Ext.A2
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Establishes the death of the father of plaintiff and defendant.
Reference:
Ext.A3
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
Complaint filed by plaintiff against defendant.
Reference:
Ext.A4
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
Receipt for complaint submitted at Thrikkakara Police Station.
Reference:
Ext.A5
Document Type:
Commissioner Report
Submitted By:
Court
Relevance:
Reports condition of property and identifies income sources.
Reference:
Ext.C1
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Sajeevan vs Rajeevan regarding partition and mesne profits
Case Code Year
Case between Sajeevan vs Rajeevan regarding partition and mesne profits