Case Summary
Tharayil Chandran filed a suit against defendants seeking partition of plaint B schedule property, claiming 6/72 shares in the property previously owned by his maternal grandfather.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Partition Decree
Case Type
Civil Suit - Partition
Final Judgment
No
The court passed a preliminary decree for partition, granting plaintiff 6/72 shares in the plaint B schedule property, with other defendants receiving their respective shares.
Why Plaintiff Won:
The plaintiff provided convincing evidence of his relationship and entitlement to a share in the property, supported by documents.
The plaintiff provided convincing evidence of his relationship and entitlement to a share in the property, supported by documents.
Losing Side's Weaknesses:
The plaintiff provided convincing evidence of his relationship and entitlement to a share in the property, supported by documents.
The plaintiff provided convincing evidence of his relationship and entitlement to a share in the property, supported by documents.
Supporting Evidence
The plaintiff presented valid documents establishing his mother's relationship to Velu and his entitlement to a share in the property, which the defendants failed to disprove conclusively.
Judgment Evidence:
The plaint B schedule property shall be divided into 72 equal shares. The plaintiff is entitled to 6 shares, the first defendant to 30 shares, the second defendant to 6 shares, and defendants 3 to 8 to 5 shares each.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Tharayil Chandran
- Party Age
- 42
- Relation
- S/o. Gopalan
- Party Role
- Defendant
- Party Name
- Veluthedath Valappil Kunhukakuttan
- Party Age
- 60
- Relation
- S/o. Valu
- Party Role
- Defendant
- Party Name
- Janaki
- Party Age
- 55
- Relation
- W/o. Damodaran
- Party Role
- Defendant
- Party Name
- Veluthedath Valappil Malukkutty
- Party Age
- 65
- Relation
- W/o. Appu
- Party Role
- Defendant
- Party Name
- Veluthedath Valappil Babu Raj
- Party Age
- 30
- Relation
- S/o. (Late) Appu
- Party Role
- Defendant
- Party Name
- Veluthedath Valappil Prajeesh
- Party Age
- 28
- Relation
- S/o. (Late) Appu
- Party Role
- Defendant
- Party Name
- Veluthedath Valappil Praji
- Party Age
- 25
- Relation
- S/o. (Late) Appu
- Party Role
- Defendant
- Party Name
- Veluthedath Valappil Chithra
- Party Age
- 23
- Relation
- D/o. (Late) Appu
- Party Role
- Defendant
- Party Name
- Veluthedath Valappil Sivan
- Party Age
- 20
- Relation
- S/o. (Late) Appu
Plaintiffs Documents
Certified copy of Jenm assignment deed, Extract of admission register, Registered lawyer notice, Certified copy of application for school admission form, Assignment deed, Certificate of encumbrance of property
Defendants Documents
Advocates
Reliefs
Relief Type:
Partition decree
Outcome:
Granted
Description:
Granted partition of the plaint B schedule property among parties
Evidence:
Preliminary decree passed for partitioning the property as per shared allotment
Documents & Evidence
Document Type:
Certified Copy of Jenm Assignment deed
Submitted By:
Plaintiff
Relevance:
Showed ownership details of the property
Reference:
A1
Document Type:
Extract of admission register
Submitted By:
Plaintiff
Relevance:
Documented relationships for claim of shares
Reference:
A2
Document Type:
Registered Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Indicated formal demand for partition
Reference:
A5
Document Type:
Certified copy of application for school admission form
Submitted By:
Plaintiff
Relevance:
Supporting evidence for educational history
Reference:
A6
Document Type:
Assignment Deed
Submitted By:
Plaintiff
Relevance:
Documented older property transactions for purchasing new property
Reference:
A7
Document Type:
Certificate of encumbrance of property
Submitted By:
Plaintiff
Relevance:
Showed property encumbrance details
Reference:
A8
Case Classification
Case Type
Civil Suit - Partition
Category
Family Property and Partition
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Property Partition
Case Code
Case between Tharayil Chandran vs Veluthedath Valappil Kunhukakuttan et al regarding property partition
Case Code Year
Case between Tharayil Chandran vs Veluthedath Valappil Kunhukakuttan et al regarding property partition