Case Summary
The case involves Syamala, the plaintiff, seeking a partition of property originally belonging to her grandfather. The defendants, including K K Balan, contend that they have valid claims to the property based on previous settlement deeds.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court decreed that the plaintiff, Syamala, is entitled to a 1/4th share in the property, while the first defendant, K K Balan, is entitled to a 3/4th share based on a release deed executed by the other defendants.
Why Plaintiff Won:
The court found that the plaintiff is entitled to a share in the property due to the inheritance and lack of valid possession by the defendants as per the release deeds.
The court found that the plaintiff is entitled to a share in the property due to the inheritance and lack of valid possession by the defendants as per the release deeds.
Losing Side's Weaknesses:
The court found that the plaintiff is entitled to a share in the property due to the inheritance and lack of valid possession by the defendants as per the release deeds.
The court found that the plaintiff is entitled to a share in the property due to the inheritance and lack of valid possession by the defendants as per the release deeds.
Supporting Evidence
The document appears to have been executed voluntarily and without any allegation of coercion, fraud, or misrepresentation. No attempt was made either by the plaintiff or the other defendants to challenge the authenticity or legal effect of the release deed.
Judgment Evidence:
In the result, the suit is decreed and a preliminary decree for partition is passed as follows: 1. The plaintiff is entitled to 1/4th share in the plaint schedule property. 2. The first defendant is entitled to 3/4th share in the plaint schedule property, including the shares released by defendants 2 and 3.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Syamala
- Party Age
- 51
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- K K Balan
- Party Age
- 53
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- K K Prabhakaran
- Party Age
- 61
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- K K Kunjikuttan
- Party Age
- 56
- Relation
- S/o
Plaintiffs Documents
Certified copy of Partition Deed No.960/1114, Certified copy of Settlement Deed No.3431/2000, Certified copy of Settlement Deed No.4750/2006, Certified copy of plaint in OS.25/11, Certified copy of Judgment in OS.25/11
Defendants Documents
Certified copy of Release Deed bearing No.486/2016
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Jeemon K Abraham
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Joby Mathew
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Basil Kuriakose
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
The plaintiff is entitled to 1/4th share in the plaint schedule property.
Evidence:
In the result, the suit is decreed and a preliminary decree for partition is passed as follows: 1.The plaintiff is entitled to 1/4th share in the plaint schedule property.
Relief Type:
Possession
Outcome:
Granted
Description:
The first defendant is entitled to 3/4th share in the plaint schedule property.
Evidence:
In the result, the suit is decreed and a preliminary decree for partition is passed as follows: 2.The first defendant is entitled to 3/4th share in the plaint schedule property, including the shares released by defendants 2 and 3.
Relief Type:
Other
Outcome:
Not Decided
Description:
Costs associated with the case.
Evidence:
Considering the nature and circumstances of the case, the parties are directed to bear their respective costs.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Partition Deed No.960/1114 of SRO, Puthencruz.
Reference:
Ext.A1
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Settlement Deed No.3431/2000 of SRO, Puthencurz.
Reference:
Ext.A2
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Settlement Deed No.4750/06 of SRO, Puthencurz.
Reference:
Ext.A3
Document Type:
Plaint
Submitted By:
Plaintiff
Relevance:
Certified copy of plaint in OS.25/11 of Munsiff’s Court, Perumbavoor.
Reference:
Ext.A4
Document Type:
Judgment
Submitted By:
Plaintiff
Relevance:
Certified copy of Judgment in OS.25/11 of Munsiff’s Court, Perumbavoor.
Reference:
Ext.A5
Document Type:
Judgment
Submitted By:
Plaintiff
Relevance:
Certified copy of Judgment in OS.25/11 of Munsiff’s Court, Perumbavoor.
Reference:
Ext.A6
Document Type:
Judgment
Submitted By:
Plaintiff
Relevance:
Certified copy of Judgment in AS.43/14 of Sub Court, Perumbavoor.
Reference:
Ext.A7
Document Type:
Release deed
Submitted By:
Defendant
Relevance:
Certified copy of Release Deed bearing No.486/2016 of SRO, Puthencruz.
Reference:
Ext.B1
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Perumbavoor
Common Reasons
Case Code
Case between Syamala vs K K Balan et al regarding partition of property
Case Code Year
Case between Syamala vs K K Balan et al regarding partition of property