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
The court decreed that the property will be partitioned into equal shares, granting the plaintiffs 1/4 share each. The court declared the sale deed executed by Valavan as null and void regarding the property in question.
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.
Losing Side's Weaknesses:
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.
Supporting Evidence
It is established that there were 7 kudikidappukars in the kudikidappu property obtained by the father of the plaintiffs and 1 st defendant. Hence, it is found that the plaint schedule property is partible among the plaintiffs and the defendants.
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
Parties
- Party Role
- Plaintiff
- Party Name
- Smt.Thankamma
- Party Age
- 64
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Vijayamma
- Party Age
- 53
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Muraleedharan
- Party Age
- 69
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- C.V.Umesh @ Kannan
- Party Age
- 29
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- C.V.Nidish @ Ambadi
- Party Age
- 26
- Relation
- S/o
Plaintiffs Documents
Attested copy of Kudikidappu application in OA 2876/70, Mahazer in OA 2876/70, Certificate of Purchase of Kudikidappu, Death certificate of Velavan, Death certificate of Karthiyayini, Document no 3445/90.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- T.K.Radhakrishnan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K.M.Subair
- Appearance Type
- Main Counsel
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
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Smt.Thankamma vs Muraleedharan regarding declaration and partition of property.
Case Code Year
Case between Smt.Thankamma vs Muraleedharan regarding declaration and partition of property.