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
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.
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
Plaintiffs
Syamala (51 years years)
Uppumakkithara House, Padinjaremuri Kara, Vaikom Village, Vaikom Taluk, Kottayam District
Defendants
K K Balan (53 years years)
Kannankara House, Pothanamparambu, Paringala Kara, Kunnathunadu Village, kunnathunadu Taluk
K K Prabhakaran (61 years years)
Kannankara House, Pothanamparambu, Paringala Kara, Kunnathunadu Village, Kunnathunadu Taluk
K K Kunjikuttan (56 years years)
Kannankara House, Vadavukode Kara, Vadavukode village, Kunnathunadu Taluk
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