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
Why Plaintiff Won:
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
Plaintiffs
Saji Joseph (57 years)
Ilavinal House, Ezhakkaranadu Kara, Maneed Village, Muvattupuzha Taluk
Defendants
Elsy @ Elsamma (65 years)
Kanasseril, Ponnarimangalam Desam, Mulavukadu Village, Kanayannoor Taluk
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