Case Summary
Case between Saji Joseph and the defendant Elsy regarding partition of a property inherited from their parents. Plaintiff seeks separation of his 7/8 share in the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Case Type
Partition Suit
Final Judgment
No
Plaintiff entitled to partition of the property, preliminary decree passed for separation of shares.
Why Plaintiff Won:
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
Through oral testimony and documentary evidence, it is established that the plaintiff has valid title to 7/8 of the property and the defendant failed to challenge this evidence.
Judgment Evidence:
Suit decreed. Accordingly, a preliminary decree for partition is passed as follows: a) The plaint schedule property shall be partitioned into eight (8) equal shares by metes and bounds. The plaintiff shall be allotted 7/8 shares, and the defendant shall be allotted 1/8 share. b) The plaintiff's 7/8 share shall be separated and put in his exclusive possession. c) Costs shall be borne out of the estate. d) Any party may approach this Court for the passing of the final decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Saji Joseph
- Party Age
- 57
- Relation
- S/o Joseph
- Party Role
- Defendant
- Party Name
- Elsy @ Elsamma
- Party Age
- 65
- Relation
- W/o Joy
Plaintiffs Documents
Sale Deed No.1358/1953, Sale Deed No.3396/2013, Relinquishment Deed No.5792/2024, Tax receipt 2024-25
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- T.C.Baby Thekkumchery
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- P.G.Subhash
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Basil Kurian Baby
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Partition
Outcome:
Granted
Description:
Partition of property and separation of shares
Evidence:
A preliminary decree for partition is passed
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Ownership of plaint schedule property
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Acquisition of 5/8 share
Reference:
Ext.A2
Document Type:
Relinquishment Deed
Submitted By:
Plaintiff
Relevance:
Acquisition of 1/8 share
Reference:
Ext.A3
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax payment confirmation
Reference:
Ext.A4
Case Classification
Case Type
Partition Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Kolenchery
Common Reasons
Case Code
Case between Saji Joseph vs Elsy regarding Partition
Case Code Year
Case between Saji Joseph vs Elsy regarding Partition