Case Summary
The plaintiff, Sunil, filed a suit for partition of property originally belonging to his mother. The defendants, Shyamalavally and her children, are the legal heirs of the plaintiff's deceased brother, Surendran, and contest the claim.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaint schedule property shall be divided into 9 equal shares by metes and bounds, with the plaintiff receiving 8/9th shares.
Case Type
Civil Suit
Final Judgment
No
The suit for partition was decreed in favor of the plaintiff, granting him 8/9 share of the property while the defendants are awarded a 1/9 share jointly.
Why Plaintiff Won:
The plaintiff established his claim through valid Release Deeds and evidence demonstrating the original ownership of the property.
The plaintiff established his claim through valid Release Deeds and evidence demonstrating the original ownership of the property.
Losing Side's Weaknesses:
The plaintiff established his claim through valid Release Deeds and evidence demonstrating the original ownership of the property.
The plaintiff established his claim through valid Release Deeds and evidence demonstrating the original ownership of the property.
Supporting Evidence
The plaintiff has established his case that the plaint title property originally belonged to his mother, and after her demise, the property devolved upon her nine children, including the plaintiff and the deceased Surendran, each becoming entitled to 1/9th share.
Judgment Evidence:
In the result, the suit is decreed and a preliminary decree is passed as follows: The plaint schedule property shall be divided into 9 equal shares by metes and bounds. The plaintiff is entitled to 8/9th shares and the defendants 1 to 3 are jointly entitled 1/9th share over the plaint schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sunil
- Party Age
- 47
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Saran. S
- Party Age
- 29
- Relation
- Power of Attorney Holder
- Party Role
- Defendant
- Party Name
- Shyamalavally
- Party Age
- 66
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Revathy.S
- Party Age
- 39
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Aswathy.S
- Party Age
- 37
- Relation
- D/o
Plaintiffs Documents
Sale Deed No. 3044/1975, Release Deed No. 1103/2016, Release Deed No. 1365/2018
Defendants Documents
Certificate issued by District Industries Centre, Licence issued from Chathannoor Grama Panchayat, Membership certificate issued by K.V.V.E.S.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Thirumullavaram G. Sivasankara Pillai
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- R. Dileep Kumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Partition
Outcome:
Granted
Description:
Plaintiff sought partition of the property, allotting 8/9th share to himself and 1/9th to the defendants.
Evidence:
The plaint schedule property shall be divided into 9 equal shares by metes and bounds. The plaintiff is entitled to 8/9th shares and the defendants 1 to 3 are jointly entitled 1/9th share.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
The property originally belonged to the plaintiff's mother, and the deed confirms the transfer of ownership.
Reference:
Ext.A1
Document Type:
Release deed
Submitted By:
Plaintiff
Relevance:
Shows that the plaintiff's siblings released their shares in the property in favor of the plaintiff.
Reference:
Ext.A2
Document Type:
Release deed
Submitted By:
Plaintiff
Relevance:
Confirms the transfer of share from the plaintiff's siblings to the plaintiff.
Reference:
Ext.A3
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Serves as additional evidence of the property belonging to the plaintiff.
Reference:
Ext.A4
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Evidence of the plaintiff's mother’s death, relevant to the inheritance.
Reference:
Ext.A5
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Evidence of the plaintiff's father's death, relevant to the inheritance.
Reference:
Ext.A6
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Additional tax evidence related to the property.
Reference:
Ext.A7
Document Type:
Certificate
Submitted By:
Defendant
Relevance:
Relevant to the defendants' claims regarding the property.
Reference:
Ext.B1
Document Type:
Licence
Submitted By:
Defendant
Relevance:
Supports the defendants' claims in the case.
Reference:
Ext.B2
Document Type:
Membership Certificate
Submitted By:
Defendant
Relevance:
Further evidence presented by the defendants.
Reference:
Ext.B3
Document Type:
Death Certificate
Submitted By:
Defendant
Relevance:
Certifies the death of Surendran, relevant to the inheritance argument.
Reference:
Ext.B4
Document Type:
Copy of plaint
Submitted By:
Defendant
Relevance:
Relevant to the defendants' prior claims and proceedings.
Reference:
Ext.B5
Document Type:
Oral Evidence
Submitted By:
Oral evidence
Relevance:
Testimonies from PW1, PW2 and DW1 support the claims made by both parties.
Reference:
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Partition of property
Case Code
Case between Sunil vs Shyamalavally et al regarding partition
Case Code Year
Case between Sunil vs Shyamalavally et al regarding partition