Case Summary
The plaintiffs, Sugatha, Suresh Babu, and Sheela, are seeking a declaration to be recognized as the legal heirs of their brother Sudheer, whose whereabouts have been unknown for 26 years. The defendants, Seethadevi, Sudha Devi, and Sudharma, are the half-sisters of the plaintiffs and have admitted the claims made by the plaintiffs.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
It is hereby declared that the plaintiffs and defendants are the legal heirs of Sudheer and they are entitled to the partition the E schedule of partition deed No. 1758/1994.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit as the plaintiffs and defendants were declared legal heirs of Sudheer, thus entitled to partition the property.
Why Plaintiff Won:
The plaintiffs and defendants established their legal relationship as heirs of Sudheer, evidenced by mutual admission and documentation.
The plaintiffs and defendants established their legal relationship as heirs of Sudheer, evidenced by mutual admission and documentation.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The plaintiffs and defendants are the legal heirs of Sudheer. Since the whereabouts of the aforesaid Sudheer is not known for the past 7 years...I am of the view that the declaration can be granted to the effect that the plaintiffs and the defendants are the only legal heirs of Sudheer.
Judgment Evidence:
In the result, suit is decreed as follows: It is hereby declared that the plaintiffs and defendants are the legal heirs of Sudheer and they are entitled to the partition the E schedule of partition deed No. 1758/1994 of Eravipuram SRO.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sugatha
- Party Age
- 70
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Suresh Babu
- Party Age
- 67
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Sheela
- Party Age
- 62
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Seethadevi
- Party Age
- 79
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Sudha Devi
- Party Age
- 76
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Sudharma
- Party Age
- 73
- Relation
- D/o
Plaintiffs Documents
Copy of School Admission Register, Partition Deed No. 1758/1994, Land Tax Receipt
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- G.Haridas
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Deepa.R.
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Bijimol.K.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
A declaration that the plaintiffs and defendants are the legal heirs of Sudheer and are entitled to inherit the property of Sudheer.
Evidence:
It is hereby declared that the plaintiffs and defendants are the legal heirs of Sudheer and they are entitled to the partition the E schedule of partition deed No. 1758/1994 of Eravipuram SRO.
Documents & Evidence
Document Type:
Copy of School Admission Register
Submitted By:
Plaintiff
Relevance:
Proved from the side of the plaintiff.
Reference:
Ext.A1
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Proved from the side of the plaintiff.
Reference:
Ext.A2
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Proved from the side of the plaintiff.
Reference:
Ext.A3
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
Case between Sugatha, Suresh Babu, Sheela vs Seethadevi, Sudha Devi, Sudharma regarding Declaration
Case Code Year
Case between Sugatha, Suresh Babu, Sheela vs Seethadevi, Sudha Devi, Sudharma regarding Declaration