Case Summary
The case involves a counter claim filed by Ursala against Cherupushpam and Mary Lourde regarding the declaration of a 1/7th right over a property. The court has assessed the claims and the evidence presented.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
A preliminary decree for partition of the property.
Case Type
Counter Claim
Final Judgment
No
The court decreed a preliminary decree for partition of the property, declaring that Ursala has a 1/7th joint right over the property in question.
Why Plaintiff Won:
The counter-claim plaintiff proved her 1/7th joint right over the property as stated in the evidence.
The counter-claim plaintiff proved her 1/7th joint right over the property as stated in the evidence.
Losing Side's Weaknesses:
The counter-claim plaintiff proved her 1/7th joint right over the property as stated in the evidence.
The counter-claim plaintiff proved her 1/7th joint right over the property as stated in the evidence.
Supporting Evidence
From Ext.A1, it is clear that the counter-claim plaintiff is not included in it or relinquished her right over the property.
Judgment Evidence:
In the result, suit is decreed and a preliminary decree for partition is passed as follows: (i) It is hereby declared that the counter-claim plaintiff is having 1/7th joint right over the counter claim schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Ursala
- Party Age
- 63
- Relation
- W/o Ramadasan
- Party Role
- Defendant
- Party Name
- Cherupushpam
- Party Age
- 51
- Relation
- W/o Omanakkuttan
- Party Role
- Defendant
- Party Name
- Mary Lourde
- Party Age
- 54
- Relation
- W/o Divyan
Plaintiffs Documents
Certified copy of sale deed No. 3256/1994 of Kundara SRO
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Haripriya.S.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Jesla Kabir
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
It is hereby declared that the counter-claim plaintiff is having 1/7th joint right over the counter claim schedule property.
Evidence:
It is hereby declared that the counter-claim plaintiff is having 1/7th joint right over the counter claim schedule property.
Relief Type:
Possession
Outcome:
Granted
Description:
The counter-claim schedule property shall be divided into 7 equal shares by metes and bounds partition.
Evidence:
The counter-claim schedule property shall be divided into 7 equal shares by metes and bounds partition.
Relief Type:
Possession
Outcome:
Granted
Description:
The counter claim plaintiff is entitled to get 1/7 th share over the counter-claim schedule property.
Evidence:
The counter claim plaintiff is entitled to get 1/7 th share over the counter-claim schedule property.
Relief Type:
Other
Outcome:
Not Decided
Description:
The court noted that equities, if any, will be considered at the final decree proceedings.
Evidence:
Equities, if any, will be considered at the final decree proceedings.
Documents & Evidence
Document Type:
Certified copy of Sale Deed
Submitted By:
Counter claim plaintiff/1ˢᵗ defendant
Relevance:
This document proves the counter-claim plaintiff's joint right over the property.
Reference:
Ext.A1
Case Classification
Case Type
Counter Claim
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
OS.NO.
Case Code Year
2017