Case Summary
The plaintiffs, Thankamany and Latha, seek a partition of property originally owned by their deceased father, Krishnan, against the defendants Ashokan, Shyamala, Shakunthala, and Thankamma. The dispute centers around claims of joint ownership and the validity of prior family arrangements.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaint schedule property shall be divided into five equal shares.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiffs proved that the property was partible and established their entitlement to shares as joint heirs.
The plaintiffs proved that the property was partible and established their entitlement to shares as joint heirs.
Judgment Evidence:
In the result, the suit is partly decreed as follows: 1. The plaint schedule property shall be divided into five equal shares. 2. The plaintiffs are entitled to be allotted one-fifth share each by metes and bounds.
Parties Involved
Plaintiffs
Thankamany (60 years years)
Chelakkattil House, Iringol Kara, Perumbavoor Village, Perumbavoor, Ernakulam District
Latha (49 years years)
Kolloor Villa, Thirumala Village, Trivandrum Taluk
Defendants
Ashokan (51 years years)
Pathiparambil House, Iringol Kara, Kunnathunadu Taluk, Perumbavoor Village, Ernakulam District
Shyamala (58 years years)
Aaluruthan House, Mandakkadu Kara, Malambuzha Village, Palakkadu Taluk, Palakkad District
Shakunthala (54 years years)
Kailiyadu House, Pandikkavu Kara, Viyyur Village, Thrissur Taluk, Thrissur District
Thankamma (80 years years)
Pathiparambil House, Iringol Kara, Kunnathunadu Taluk, Perumbavoor Village, Ernakulam District
Reliefs
Relief Type:
Declaration
Outcome:
Partly Granted
Description:
Seeking partition of the plaint schedule property.
Evidence:
The plaint schedule property shall be divided into five equal shares.
Relief Type:
Possession
Outcome:
Partly Granted
Description:
Entitlement to one-fifth share in the property.
Evidence:
The plaintiffs are entitled to be allotted one-fifth share each by metes and bounds.
Relief Type:
Permanent Injunction
Outcome:
Declined
Description:
Prayer for injunction to restrain defendants from construction.
Evidence:
The relief for permanent injunction is declined for the reasons stated above.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Shows acquisition of the property by Krishnan.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Evidences the joint sale of five cents of land.
Reference:
Ext.A2
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Confirms the death of Thankamma Krishnan.
Reference:
Ext.A3
Document Type:
Certificate of Encumbrance
Submitted By:
Plaintiff
Relevance:
Details the property status as of 2019.
Reference:
Ext.A4
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Provides evidence regarding ownership claims.
Reference:
Ext.B1
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
Witnesses testified regarding family arrangements and ownership.
Reference: