Case Summary
This suit is filed by the plaintiff for partition of properties and for getting separate possession of her 1/6th share. The plaintiff and defendants are siblings, children of late Rajamony and late Azhakesan, governed by Hindu Succession Law.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
1/6th share in the plaint A and B schedule properties.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed, allowing the plaintiff to obtain a 1/6th share in the scheduled properties. The defendants are also granted a 1/6th share of the same properties.
Why Plaintiff Won:
The plaintiff proved her entitlement to the share through evidence and legal documentation.
The plaintiff proved her entitlement to the share through evidence and legal documentation.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
From the affidavit and exhibits the plaint averments are proved and unchallenged.
Judgment Evidence:
In the result, suit is decreed and a preliminary decree for partition is passed as follows: (i) The plaintiff is entitled to get 1/6th share each over the plaint A and B schedule properties.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Swapna. R
- Party Age
- 48
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Sudevan A
- Party Age
- 63
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sudharmani
- Party Age
- 61
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Sugandhi
- Party Age
- 60
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Sudharma
- Party Age
- 58
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Maheswari
- Party Age
- 56
- Relation
- D/o
Plaintiffs Documents
Copy of death certificate of K. Rajamony, Copy of death certificate of G. Azhakesan, Certified copy of sale no. 3420/1971, Copy of Tax Receipt, Certified copy of sale deed no. 1455/2001, Copy of land tax receipt, Copy of Advocate Notice
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:
Possession
Outcome:
Granted
Description:
Plaintiff seeks a court decree for partition of plaint A and B schedule properties and separate possession of her 1/6 share.
Evidence:
In the result, suit is decreed and a preliminary decree for partition is passed as follows: (i) The plaintiff is entitled to get 1/6th share each over the plaint A and B schedule properties.
Relief Type:
Possession
Outcome:
Granted
Description:
Defendants are also entitled to get their respective shares.
Evidence:
(ii) Defendants are entitled to get 1/6th share each over the plaint A and B schedule properties.
Documents & Evidence
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Copy of death certificate of K. Rajamony establishing her death on 19/03/2014.
Reference:
Ext.A1
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Copy of death certificate of G. Azhakesan establishing his death on 13/09/2017.
Reference:
Ext.A2
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale Deed No. 3420/1971 establishing ownership of the property.
Reference:
Ext.A3
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Copy of tax receipt dated 07/08/2022 proving tax payments regarding the property.
Reference:
Ext.A4
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale Deed No. 1455/2001 establishing ownership of the property.
Reference:
Ext.A5
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Copy of land tax receipt dated 20/08/2022 proving tax payments regarding the property.
Reference:
Ext.A6
Document Type:
Advocate Notice
Submitted By:
Plaintiff
Relevance:
Office copy of Advocate Notice issued on 30/11/2022 regarding partition request.
Reference:
Ext.A7
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Postal receipts marking the sending of the Advocate Notice.
Reference:
Ext.A7(a)
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment cards confirming receipt of the Advocate Notice.
Reference:
Ext.A7(b)
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 Swapna. R vs Sudevan A et al regarding partition.
Case Code Year
Case between Swapna. R vs Sudevan A et al regarding partition.