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
The court decreed a preliminary judgment for partition, affirming that the properties form part of the intestate estate of Vasudevan Nair and should be divided among the legal heirs. The court set aside previous sales conducted based on an invalid will.
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.
Losing Side's Weaknesses:
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.
Supporting Evidence
The execution of Exhibit B1 appears to be shrouded in suspicion. The defendants have failed to dispel the same through clear, cogent, and satisfactory evidence.
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
Parties
- Party Role
- Plaintiff
- Party Name
- Sheela V
- Party Age
- 57
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Anitha V
- Party Age
- 54
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Lekha
- Party Age
- 50
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Prasanth
- Party Age
- 34
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Veena
- Party Age
- 37
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Bibu Baby
- Party Age
- 39
- Relation
- S/o
Plaintiffs Documents
Certified copy of Will Deed No.13/1966, Certified copy of Sale Deed No.1275/2018.
Defendants Documents
Will Deed No.82/1985, Tax receipt No.KL07051509964/2024, Land acquisition notice, Award notice no. 1/05, Tax receipt No.KL07051501555.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Ciju I S
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Basil Kuriakose
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- A T Anil Kumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- P G Dileep Kumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Fathima Rizana
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Rajani
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- C P Mathew
- Appearance Type
- Main Counsel
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
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Perumbavoor
Common Reasons
Case Code
Case between Sheela V vs Anitha V et al regarding partition
Case Code Year
Case between Sheela V vs Anitha V et al regarding partition