Case Summary
The case involves a partition dispute over properties belonging to the deceased father of the plaintiff, Krishnan. The plaintiff Sasikala claims a rightful share, while the defendants contest her claims based on various relationships.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the suit for partition filed by the plaintiff Sasikala. It ruled in favor of the second defendant, Nandini, who successfully proved the validity of the Will of the deceased.
Key Reasoning:
The second defendant proved the execution and validity of the Will as per the required legal standards.
The second defendant proved the execution and validity of the Will as per the required legal standards.
Why Defendant Won:
Not available
Not available
Supporting Evidence
The plaint schedule properties are not partitionable, and the 2nd defendant proved Ext.B2 Will as contemplated under section 63(c) of the Indian Succession Act.
Judgment Evidence:
In the result: 1. The suit is dismissed. 2. There is no order as to costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sasikala
- Party Age
- 56
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Nandini
- Party Age
- 75
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Chithra
- Party Age
- 42
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Prasanna
- Party Age
- 40
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Narayanan
- Party Age
- 58
- Relation
- S/o
Plaintiffs Documents
Certified copy of Release Deed No. 1521/1998 of SRO, Ramapuram, Certified Copy of Deed No. 1438/84 of SRO, Ramapuram, Death Certificate of K. R Krishnan, Certified copy of Marriage Register of SNDP Yogam, Kudayathoor
Defendants Documents
Power of Attorney of Chitra given to Sahadevan, Will Deed No. 100/2010 of SRO, Ramapuram, Sale Deed No. 819/2000 of SRO Ramapuram
Advocates
- Party Role
- Plaintiff
- Advocate Name
- C. S Bissimon
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- S. Rajesh
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sruthy Lakshmi Ajith
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Rejected
Description:
The plaintiff's request for partition of the properties was rejected.
Evidence:
The upshot of the discussion is that the plaint schedule properties are not partitionable.
Documents & Evidence
Document Type:
Release deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Release Deed No. 1521/1998 of SRO, Ramapuram executed by the 2nd defendant in favor of her father.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified Copy of Deed No. 1438/84 of SRO, Ramapuram concerning purchasing property in the name of the 2nd defendant's mother.
Reference:
Ext.A2
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Death Certificate of K. R Krishnan, establishing the death of the plaintiff's father.
Reference:
Ext.A3
Document Type:
Marriage Register
Submitted By:
Plaintiff
Relevance:
Certified copy of Marriage Register of SNDP Yogam, Kudayathoor, proving the marriage between Krishnan and Nandini.
Reference:
Ext.A4
Document Type:
Marriage Register
Submitted By:
Plaintiff
Relevance:
Marriage Register of SNDP Yogam, Kudayathoor, further supporting the marriage claim.
Reference:
Ext.A5
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
Receipt from Village Office Ramapuram related to the scheduled properties.
Reference:
Ext.A6
Document Type:
Power of Attorney
Submitted By:
Defendant
Relevance:
Power of Attorney of Chitra given to Sahadevan, representing the 2nd defendant's interests.
Reference:
Ext.B1
Document Type:
Will Deed
Submitted By:
Defendant
Relevance:
Will Deed No. 100/2010 of SRO, Ramapuram executed by Krishnan in favor of the 2nd defendant.
Reference:
Ext.B2
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Sale Deed No. 819/2000 of SRO Ramapuram concerning the plaint schedule 'B' property.
Reference:
Ext.B3
Document Type:
Certified Copy
Submitted By:
Unknown
Relevance:
Certified Copy of Thandapper No. 4034 relevant to property assessments.
Reference:
Ext.X1
Document Type:
Inheritance Certificate
Submitted By:
Unknown
Relevance:
Certified copy of Inheritance Certificate indicating legal heirs.
Reference:
Ext.X2
Document Type:
Marriage Register Page
Submitted By:
Unknown
Relevance:
Certified copy of page No. 31 of Marriage Register supporting marriage evidence.
Reference:
Ext.X3
Document Type:
Marriage Certificate
Submitted By:
Unknown
Relevance:
Certified copy of Marriage Certificate relevant to the case.
Reference:
Ext.X4
Document Type:
Marriage Register
Submitted By:
Unknown
Relevance:
Certified copy of Marriage Register of SNDP Yogam, Ramapuram No. 161 in support of marriage claims.
Reference:
Ext.X5
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Pala
Common Reasons
Inheritance dispute
Case Code
Case between Sasikala vs Nandini et al regarding partition
Case Code Year
Case between Sasikala vs Nandini et al regarding partition