Case Summary
The plaintiffs, Smt. Thankamma and Vijayamma, are seeking a declaration and partition of a property inherited from their deceased father, Valavan. The defendants, including Muraleedharan, claim absolute ownership based on a sale deed executed by the father.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
1/4 share each to the plaintiffs from the plaint B Schedule Property
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The property was inherited by all the Kudikidappukars, and Valavan did not have absolute rights to execute a sale deed regarding it.
The property was inherited by all the Kudikidappukars, and Valavan did not have absolute rights to execute a sale deed regarding it.
Judgment Evidence:
In the light of the discussion held on issue No.1, the suit is decreed and a preliminary decree for partition is passed as follows: 1. The plaint B schedule property shall be divided into 4 equal shares and out of which 1/4 th share each is allotted to the plaintiffs.
Parties Involved
Plaintiffs
Smt.Thankamma (64 years years)
Nellikunnath house, Nettoor P.O, - 682 040, Maradu village.
Vijayamma (53 years years)
Nikarthil house, Pavumpayi moola, Edakochi, Kochi Taluk – 682 010.
Defendants
Muraleedharan (69 years years)
Vallangathara house, Kundannur, Maradu post – 682 304, Maradu village.
C.V.Umesh @ Kannan (29 years years)
Chakkatakari, Irumpanam P.O – 682 309, Tripunithura, Thiruvankulam village, Kanayannur taluk.
C.V.Nidish @ Ambadi (26 years years)
Chakkatkari, Irumpanam P.O – 682 309, Tripunithura, Thiruvankulam village, Kanayannur Taluk.
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
A decree of declaration is passed in favour of the plaintiffs stating that the purchase certificate is issued on behalf of the kudikidappukars.
Evidence:
A decree of declaration is passed in favour of the plaintiffs stating that the purchase certificate No.2876/70 (Ext.A3) issued by the Land Tribunal,Vyttila on behalf of Kudikidappukars including Valavan and his family members.
Relief Type:
Declaration
Outcome:
Granted
Description:
Declaring Document No.3445/90 null and void to the extent of 10 cents of property.
Evidence:
A decree of declaration is passed in favour of the plaintiffs declaring Document No.3445/90 of SRO,Maradu null and void to the extent of 10 cents comprised in resurvey No.161/6.
Relief Type:
Possession
Outcome:
Granted
Description:
The plaint B schedule property shall be divided into 4 equal shares.
Evidence:
The plaint B schedule property shall be divided into 4 equal shares and out of which 1/4th share each is allotted to the plaintiffs.
Documents & Evidence
Document Type:
Attested copy of Kudikidappu application
Submitted By:
Plaintiff
Relevance:
This document supports the plaintiffs' claim regarding the acquisition of kudikidappu rights.
Reference:
Ext.A1
Document Type:
Mahazer in OA 2876/70
Submitted By:
Plaintiff
Relevance:
This document provides evidence related to the kudikidappu property mentioned in the case.
Reference:
Ext.A2
Document Type:
Attested copy of certificate of Purchase of Kudikidappu bearing no 2876/70
Submitted By:
Plaintiff
Relevance:
This certificate is crucial for establishing the purchase of kudikidappu rights in favor of the family.
Reference:
Ext.A3
Document Type:
True copy of death certificate of Valavan
Submitted By:
Plaintiff
Relevance:
This document is relevant to establish the lineage and inheritance rights over the property.
Reference:
Ext.A4
Document Type:
True copy of Death certificate of Karthiyayini
Submitted By:
Plaintiff
Relevance:
This document further supports the claim of inheritance and family ties.
Reference:
Ext.A5
Document Type:
Document no 3445/90 SRO, Maradu
Submitted By:
Plaintiff
Relevance:
This document is contested in the suit and is essential to the plaintiffs' claim.
Reference:
Ext.A6
Document Type:
School certificate of the 1st plaintiff
Submitted By:
Plaintiff
Relevance:
This document helps to establish the identity and age of the plaintiffs.
Reference:
Ext.A7
Document Type:
Original SSLC book of 2nd plaintiff reg no.213384
Submitted By:
Plaintiff
Relevance:
This document also supports the identification of the plaintiffs.
Reference:
Ext.A8