Case Summary
The plaintiff, Sharmila @ Sharmi, seeks partition of property inherited from her deceased husband, Vipin Paul. Defendants include Vipin Paul's mother, sister, and father, who contest the plaintiff's claim based on prior agreements and her remarriage.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
1/4th share in the property
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff is a legal heir and entitled to a share under the Indian Succession Act despite prior settlements.
The plaintiff is a legal heir and entitled to a share under the Indian Succession Act despite prior settlements.
Judgment Evidence:
In the result, the suit is decreed and a preliminary decree of partition is passed as given under: 1) Plaint schedule property is ordered to be partitioned by metes and bounds into 4 equal shares. 2) Plaintiff is entitled for 1/4th share each in plaint schedule property.
Parties Involved
Plaintiffs
Sharmila @ Sharmi (37 years)
Puramadathil House, 484/A, Irumpanam P O, Karingachira, Thripunithura, Ernakulam District, Pin-682308
Defendants
Vinsa Paul (63 years)
Payyappilly House, Padamugal, Vazhakkala Village, Kanayannur Taluk, Pin-682021
Smitha @ Nimmy (36 years)
Kunnath House, Vellanthanam Kara, Thattakkuzha P O, Udumpannoor Village, Thodupuzha Taluk, Pin-685581
Paul Payyappilly (69 years)
Payyappilly House, Padamugal, Vazhakkala Village, Kanayannur Taluk, Pin-682021
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
Plaintiff is entitled to 1/4th share of plaint schedule property and put in possession of the same.
Evidence:
Hence the suit is decreed and a preliminary decree of partition is passed.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the Sale deed no: 714/2002 of Thrikkakara Sub Registry Office.
Reference:
Ext.A1
Document Type:
Power of Attorney
Submitted By:
Defendant
Relevance:
Power of Attorney no: 246/2006 of SRO, Thrikkakara.
Reference:
Ext.B1
Document Type:
Agreement
Submitted By:
Defendant
Relevance:
Agreement executed between plaintiff and 1st defendant on 4.7.2006.
Reference:
Ext.B3
Document Type:
Passbook
Submitted By:
Defendant
Relevance:
Passbook issued by Federal Bank in favor of the 1st defendant.
Reference:
Ext.B4
Document Type:
Bank statement
Submitted By:
Defendant
Relevance:
Bank statement regarding housing loan in favor of Vipin Paul and Vinsa Paul.
Reference:
Ext.B5