Case Summary
The plaintiffs, who are siblings of the deceased father, filed a suit for partition of jointly owned properties. The defendants did not appear in court, and the suit was decided in favor of the plaintiffs.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Preliminary decree for partition of properties into 7 equal shares.
Case Type
Civil Suit
Final Judgment
No
The court found that the plaint schedule properties were partible and ordered a preliminary decree for partition among the plaintiffs and defendants.
Why Plaintiff Won:
The properties were found to be partible based on the evidence presented.
The properties were found to be partible based on the evidence presented.
Losing Side's Weaknesses:
The properties were found to be partible based on the evidence presented.
The properties were found to be partible based on the evidence presented.
Supporting Evidence
From the unrebutted evidence of PW1 and Exhibits Al to A6, it is proved that the plaint schedule properties are partible and that the plaint schedule properties are in joint possession and ownership of the plaintiffs and defendants.
Judgment Evidence:
In the result, the suit is decreed and this Court proceeds to pass a preliminary decree as follows; The plaint schedule properties are found partible among plaintiffs and defendants.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- T.V. Rajamma
- Party Age
- 65
- Relation
- W/o Kanakappan
- Party Role
- Plaintiff
- Party Name
- T.V. Valsamma
- Party Age
- 57
- Relation
- W/o Bahuleyan
- Party Role
- Plaintiff
- Party Name
- T.V. Revamma
- Party Age
- 52
- Relation
- W/o Pappachan
- Party Role
- Plaintiff
- Party Name
- Somanathan M.C
- Party Age
- 82
- Relation
- S/o Chandy
- Party Role
- Plaintiff
- Party Name
- Pramod M S
- Party Age
- 42
- Relation
- S/o Somanathan M C
- Party Role
- Defendant
- Party Name
- T.V. Thulasi
- Party Age
- 52
- Relation
- W/o Surendran
- Party Role
- Defendant
- Party Name
- Madhu
- Party Age
- 43
- Relation
- S/o Vava
- Party Role
- Defendant
- Party Name
- Ponnamma
- Party Age
- 65
- Relation
- W/o Kunjuvava
- Party Role
- Defendant
- Party Name
- Ajimol
- Party Age
- 45
- Relation
- D/o Kunjuvava
- Party Role
- Defendant
- Party Name
- Annamma
- Party Age
- 75
- Relation
- W/o Kuttan
Plaintiffs Documents
Basic Land tax receipt, Certified copy of sale deed No. 30/1981, Photo copy of sale deed No. 2468/1981, Sale deed No. 1459/1963, Certified copy of sale deed No. 35/1981, Receipt from Land Revenue Department.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Josekutty Mathew
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
Decreeing a preliminary decree for partition.
Evidence:
In the result, the suit is decreed and this Court proceeds to pass a preliminary decree as follows; 1) The plaint schedule properties are found partible among plaintiffs and defendants and the plaint schedule item no.1 to 4 properties having an extent of 9.2 Ares, 79.35 Ares, 92.78 Ares and 9.38 Ares respectively are divided into 7 equal shares.
Relief Type:
Possession
Outcome:
Granted
Description:
Entitlement to specific shares of the plaint schedule properties.
Evidence:
2) The plaintiffs no. 1 to 3 and defendants no.1 and 2 are entitled to 1/7th share each over the plaint schedule properties.
Relief Type:
Possession
Outcome:
Granted
Description:
Entitlement of joint shares to certain plaintiffs.
Evidence:
3) The plaintiffs no.4 to 6 are jointly entitled to 1/7th share over the plaint schedule properties.
Relief Type:
Possession
Outcome:
Granted
Description:
Entitlement of joint shares to remaining plaintiffs.
Evidence:
4) The plaintiffs no.7, 8 and 9 are jointly entitled to 1/7th share over the plaint schedule properties.
Relief Type:
Other
Outcome:
Not Decided
Description:
Share of the defendants and payment of court fee.
Evidence:
5) Share of the defendants shall be allotted to them on payment of requisite court fee.
Documents & Evidence
Document Type:
Basic Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Marked as evidence to establish ownership of the property.
Reference:
Ext.A1
Document Type:
Certified copy of Sale Deed
Submitted By:
Plaintiff
Relevance:
Marked as evidence to establish ownership of the property.
Reference:
Ext.A2
Document Type:
Photo copy of sale deed
Submitted By:
Plaintiff
Relevance:
Marked as evidence to establish ownership of the property.
Reference:
Ext.A3
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Marked as evidence to establish ownership of the property.
Reference:
Ext.A4
Document Type:
Certified copy of Sale Deed
Submitted By:
Plaintiff
Relevance:
Marked as evidence to establish ownership of the property.
Reference:
Ext.A5
Document Type:
Receipt from Land Revenue Department
Submitted By:
Plaintiff
Relevance:
Marked as evidence to establish ownership of the property.
Reference:
Ext.A6
Document Type:
Thandapper Account
Submitted By:
Plaintiff
Relevance:
Marked as evidence to establish ownership of the property.
Reference:
Ext.A6(a)
Document Type:
Thandapper Account
Submitted By:
Plaintiff
Relevance:
Marked as evidence to establish ownership of the property.
Reference:
Ext.A6(b)
Document Type:
Thandapper Account
Submitted By:
Plaintiff
Relevance:
Marked as evidence to establish ownership of the property.
Reference:
Ext.A6(c)
Document Type:
Thandapper Account
Submitted By:
Plaintiff
Relevance:
Marked as evidence to establish ownership of the property.
Reference:
Ext.A6(d)
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Case Code
Case between T.V. Rajamma et al vs T.V. Thulasi et al regarding partition of property.
Case Code Year
Case between T.V. Rajamma et al vs T.V. Thulasi et al regarding partition of property.