Case Summary
This suit is filed for declaration and partition by Thankamma, the mother of the deceased Biju, against his wife Suja and their minor daughter Anjana. The plaintiff claims a share in the properties and benefits received by the defendants from Biju's death.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The suit was dismissed as the court found that the original plaintiff and additional plaintiffs had no valid claims over the properties or benefits received due to the deceased's death.
Key Reasoning:
The defendants lawfully possessed the properties and benefits, and the claims of the plaintiffs were unproven.
The defendants lawfully possessed the properties and benefits, and the claims of the plaintiffs were unproven.
Why Defendant Won:
The defendants lawfully possessed the properties and benefits, and the claims of the plaintiffs were unproven.
The defendants lawfully possessed the properties and benefits, and the claims of the plaintiffs were unproven.
Supporting Evidence
Unfortunately, plaintiffs are miserably failed to prove the same. Therefore, it can be concluded without any doubt that the additional plaintiffs 2 and 3 are not entitled to get any right of the deceased original plaintiff, Thankamma on the basis of Ext. A6 Will deed No.177/III/2015.
Judgment Evidence:
In the result, suit dismissed with costs of the additional plaintiffs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Thankamma
- Party Age
- 68
- Relation
- Self
- Party Role
- Plaintiff
- Party Name
- Bindu.V.
- Party Age
- 42
- Relation
- D/o Thankamma
- Party Role
- Plaintiff
- Party Name
- Bijili.V
- Party Age
- 39
- Relation
- D/o Thankamma
- Party Role
- Defendant
- Party Name
- Suja
- Party Age
- 38
- Relation
- W/o Late Biju
- Party Role
- Defendant
- Party Name
- Anjana
- Party Age
- 14
- Relation
- Minor, represented by her mother Suja
Plaintiffs Documents
Death Certificate, Settlement Deed No. 4095/99, Sale Deed No. 1622/03, Legal Notice, Will Deed No. 177/III/2015
Defendants Documents
Sale Deed No. 2174/2012, Settlement Deed No. 3798/2012, Land Tax Receipt
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Chathannoor N.Jayachandran
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- John George
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Jasmine.M
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Saju George
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Refused
Description:
Plaintiff sought a declaration of her 1/3rd share over plaint A and B schedule properties.
Evidence:
The plaintiffs are not entitled to get any relief as prayed for and the suit is only liable to be dismissed.
Relief Type:
Partition
Outcome:
Refused
Description:
Plaintiff sought partition of plaint A and B schedule properties into three equal shares.
Evidence:
Thus the original plaintiff is entitled to get a declaration over the 1/3rd share of 1/2 right in plaint B schedule only and it is found to be liable for partition.
Documents & Evidence
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Proves the death of the original plaintiff, which is crucial for the case.
Reference:
Ext.A1
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Establishes the transfer of property to the deceased Biju and the 1st defendant.
Reference:
Ext.A2
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Documents the sale of property by the deceased Biju, relevant to the dispute over title.
Reference:
Ext.A3
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Serves as proof of the plaintiff's claim and demand prior to filing the suit.
Reference:
Ext.A4
Document Type:
Will Deed
Submitted By:
Plaintiff
Relevance:
Claims how the property should be divide among the additional plaintiffs, disputed by the defendants.
Reference:
Ext.A6
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Establishes the transfer of property from the deceased Biju to a third party, relevant to the claims made.
Reference:
Ext.B1
Document Type:
Settlement Deed
Submitted By:
Defendant
Relevance:
Documents the transfer of property rights to the 1st defendant.
Reference:
Ext.B2
Document Type:
Land Tax Receipt
Submitted By:
Defendant
Relevance:
Indicates the 1st defendant's ongoing possession and responsibility for the property.
Reference:
Ext.B3
Document Type:
Land Tax Receipt
Submitted By:
Defendant
Relevance:
Shows the tax payment status related to the property in question.
Reference:
Ext.B4
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Non-payment of rent
Case Code
Case between Thankamma vs Suja et al regarding Declaration and Partition
Case Code Year
Case between Thankamma vs Suja et al regarding Declaration and Partition