Case Summary
The plaintiff, Sharmila @ Sharmi, is seeking a partition of property that she claims to co-own with the defendants, who are her late husband's family members. The defendants argue that the plaintiff relinquished her rights to the property and have filed a written statement contesting her claim.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaint schedule property is ordered to be partitioned into 4 equal shares.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The court found that the plaintiff is a co-owner of the property as per the Indian Succession Act and held that her relinquishment of rights was not proven.
The court found that the plaintiff is a co-owner of the property as per the Indian Succession Act and held that her relinquishment of rights was not proven.
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 years)
Puramadathil House, 484/A, Irumpanam P O, Karingachira, Thripunithura, Ernakulam District, Pin- 682308
Defendants
Vinsa Paul (63 years years)
Payyappilly House, Padamugal, Vazhakkala Village, Kanayannur Taluk, Pin- 682021
Smitha @ Nimmy (36 years years)
Kunnath House, Vellanthanam Kara, Thattakkuzha P O, Udumpannoor Village, Thodupuzha Taluk, Pin-685581
Paul Payyappilly (69 years years)
Payyappilly House, Padamugal, Vazhakkala Village, Kanayannur Taluk, Pin- 682021
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
Plaintiff is entitled to 1/4th share in the plaint schedule property.
Evidence:
Plaint schedule property is ordered to be partitioned by metes and bounds into 4 equal shares.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the Sale deed establishing the ownership of the property.
Reference:
Ext.A1
Document Type:
Power of Attorney
Submitted By:
Defendant
Relevance:
Power of Attorney executed by the plaintiff, authorizing the first defendant to manage the property.
Reference:
Ext.B1
Document Type:
Agreement
Submitted By:
Defendant
Relevance:
Agreement stating that the plaintiff received Rs.50,000 and gold sovereigns as consideration for her share.
Reference:
Ext.B3