Case Summary
Sherly Mohan is the plaintiff, seeking a partition of property and an injunction against K.C. Viswanathan and M.V. Madhu, who are her father and brother respectively. The case revolves around the claim of the property left by their deceased mother.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The suit was dismissed, indicating that the plaintiff did not succeed in her claims regarding the partition of the property. The court found that the property belonged solely to the 2nd defendant.
Key Reasoning:
The plaint schedule property was found not partible as it belonged solely to the 2nd defendant.
The plaint schedule property was found not partible as it belonged solely to the 2nd defendant.
Why Defendant Won:
The plaint schedule property was found not partible as it belonged solely to the 2nd defendant.
The plaint schedule property was found not partible as it belonged solely to the 2nd defendant.
Supporting Evidence
The evidence would show that the mother was living in the house which was bequeathed to 2nd defendant. Thus the plaintiff succeeded in proving that plaint schedule property belongs to 2nd defendant only.
Judgment Evidence:
In the result, the suit is dismissed with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sherly Mohan
- Party Age
- 52
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- K.C. Viswanathan
- Party Age
- 80
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- M.V. Madhu
- Party Age
- 54
- Relation
- S/o
Plaintiffs Documents
Settlement deed No.2534/1993, Tax receipt, Death Certificate of Chandamathi Viswanathan, Lawyers notice prepared by Advocate P.R. Rajesh
Defendants Documents
Patta No. L.A 44/08/D1, Will deed No. 55/14, Will deed prepared by Chandramathi Viswanathan
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Muhammed Haris K.S.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sabitha G.
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- D. Biju
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Mathew Jacob
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Plaintiff sought permanent prohibitory injunction against the defendants.
Evidence:
Thus the plaintiff succeeded in proving that plaint schedule property belongs to 2nd defendant only. Hence the plaint schedule property is not partible and the plaintiff is not entitled for permanent prohibitory injunction as prayed for.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Settlement Deed No. 2534/93. It establishes the inheritance rights of the property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Photo copy of Tax Receipt, Thandaper No. 3326, indicating ownership of the property.
Reference:
Ext.A2
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Death Certificate of Chandamathi Viswanathan, confirming the date of death of the mother.
Reference:
Ext.A3
Document Type:
Lawyers notice
Submitted By:
Plaintiff
Relevance:
Office copy of Lawyers notice prepared to inform defendants about the partition demand.
Reference:
Ext.A4
Document Type:
Patta
Submitted By:
Defendant
Relevance:
Patta No. L.A 44/08/D1 showing another property obtained by the mother.
Reference:
Ext.B1
Document Type:
Will Deed
Submitted By:
Defendant
Relevance:
Will deed No. 55/14 as evidence of the mother's property distribution intentions.
Reference:
Ext.B2
Document Type:
Will Deed
Submitted By:
Defendant
Relevance:
Will deed prepared by Chandramathi Viswanathan that bequeaths the plaint schedule property to the 2nd defendant.
Reference:
Ext.B3
Document Type:
Mahazar
Submitted By:
Court
Relevance:
Mahazar prepared by the Commissioner to document the state of the property.
Reference:
Ext.C1
Document Type:
Sketch
Submitted By:
Court
Relevance:
Sketch prepared by the Commissioner to depict the property layout.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Common Reasons
Property devolved on plaintiff and defendants
Case Code
O.S
Case Code Year
2020