Case Summary
The case involves a partition suit filed by Sheela V against Anitha V and others regarding properties originally owned by Vasudevan Nair. The plaintiff claims her rightful share, asserting the defendants wrongfully dispossessed her and made unauthorized sales.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Partition of the property and setting aside of the sale deed No. 1275/2018.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The will presented by the defendants was found not to be genuine and therefore invalid.
The will presented by the defendants was found not to be genuine and therefore invalid.
Judgment Evidence:
In the result, the suit is decreed and a preliminary decree for partition is passed as follows: It is hereby declared that the plaintiff is entitled to 1/4th (one-fourth) share in the plaint schedule property as a legal heir of the deceased Vasudevan Nair, who died intestate.
Parties Involved
Plaintiffs
Sheela V (57 years)
Kaimala Puthenpura House, Kavumpady Kara, Thrikkalathoor P.O., Mulavoor Village
Defendants
Anitha V (54 years)
Perumbillil House, Thaikkarachira Bhagom, Keezhillam P.O., Pulluvazhy Kara, Rayamangalam Village
Lekha (50 years)
Embassery House, Pattimattom P.O., Kummanod Kara, Pattimattom Village
Prasanth (34 years)
Perumbillil House, Keezhillam P.O., Thaikkarachira Bhagom, Pulluvazhy Kara, Rayamangalam Village
Veena (37 years)
Perumballoor House, Manakkadu P O, Thodupuzha
Bibu Baby (39 years)
Panattu House, Asamannoor Kara, Asamannoor Village
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
The plaintiff is entitled to 1/4th (one-fourth) share in the plaint schedule property as a legal heir of the deceased Vasudevan Nair, who died intestate.
Evidence:
Accordingly, the issue regarding the genuineness and due execution of Exhibit B1 is found against the defendants. In view of the above finding, it is held that the plaint schedule property forms part of the intestate estate of late Vasudevan Nair. The plaintiff is entitled to one-fourth share in the said property, with the remaining shares devolving upon defendants 1 and 2 and the legal heirs of the deceased Balachandran.
Relief Type:
Other
Outcome:
Granted
Description:
The sale deed No. 1275/2018 of Kurupumpady SRO is not valid, hence set aside.
Evidence:
Consequently, any claims or alienations based solely on Exhibit B1 shall stand disregarded for the purposes of this suit. Hence sale deed No. 1275/2018 of Kurupumpady SRO is not valid, hence set aside.
Documents & Evidence
Document Type:
Will Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Will Deed No.13/1966 of SRO, Perumbavoor.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale Deed No.1275/2018/I of SRO, Perumbavoor.
Reference:
Ext.A2
Document Type:
Will Deed
Submitted By:
Defendant
Relevance:
Will Deed No.82/1985 of SRO, Perumbavoor.
Reference:
Ext.B1
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
Tax receipt No.KL07051509964/2024 issued by Rayamangalam Village Office.
Reference:
Ext.B2
Document Type:
Land Acquisition Notice
Submitted By:
Defendant
Relevance:
Land acquisition notice published by Land Acquisition Officer, Special Tahsildar, Aluva.
Reference:
Ext.B3
Document Type:
Award Notice
Submitted By:
Defendant
Relevance:
Award notice no. 1/05 issued by Land Acquisition Officer, Special Tahsildar, Aluva.
Reference:
Ext.B4
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
Tax receipt No.KL07051501555 issued by Rayamangalam Village Office.
Reference:
Ext.B5