Case Summary
The plaintiffs, Vijayamma, Mani, Ushakumari, and Seenamma, are seeking a partition of the property inherited from their deceased parents against the defendants, Kanakan, Somarajan, Satheesan, and Santhosh. The suit is based on claims of joint possession and co-ownership of the property, which the defendants allegedly failed to partition despite multiple demands.
Judgment Outcome
Judgment Favored
Partial
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The suit is partially decreed, granting the plaintiffs a preliminary decree for partition of the properties into eight equal shares, with both parties entitled to 4/8 share each.
Key Reasoning:
The plaintiffs provided unchallenged evidence proving their entitlement to a decree of partition.
The plaintiffs provided unchallenged evidence proving their entitlement to a decree of partition.
Losing Side's Weaknesses:
The plaintiffs provided unchallenged evidence proving their entitlement to a decree of partition.
The plaintiffs provided unchallenged evidence proving their entitlement to a decree of partition.
Supporting Evidence
From the unchallenged evidence, it can be seen that plaintiffs and defendants are entitled to get a decree of partition as prayed for.
Judgment Evidence:
In the result, the suit is decreed in part and a preliminary decree for partition is passed as follows:- The plaint schedule properties are ordered to be partitioned by metes and bounds in to eight equal shares. The plaintiffs are entitled to get 4/8 share in the plaint schedule properties. The defendants are entitled to get 4/8 share in the plaint schedule properties.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Vijayamma
- Party Age
- 64
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Mani
- Party Age
- 62
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Ushakumari
- Party Age
- 50
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Seenamma
- Party Age
- 46
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Kanakan
- Party Age
- 68
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Somarajan
- Party Age
- 60
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Satheesan
- Party Age
- 56
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Santhosh
- Party Age
- 50
- Relation
- S/o
Plaintiffs Documents
Certified Copy of Sale deed No.1943/1972, Certified Copy of Sale deed No.226/1976, Certified Copy of Sale deed No.2216/1979
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P.K.Suresh Babu
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Plaintiffs sought a decree for permanent prohibitory injunction against the defendants.
Evidence:
plaintiffs are not entitled to get a decree for permanent prohibitory injunction as prayed for.
Relief Type:
Partition
Outcome:
Partly Granted
Description:
Plaintiffs sought partition of the plaint schedule properties.
Evidence:
the suit is decreed in part and a preliminary decree for partition is passed as follows: the plaint schedule properties are ordered to be partitioned by metes and bounds into eight equal shares.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed No.1943/1972 proving ownership of the property.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed No.226/1976 proving ownership of the property.
Reference:
Ext.A2
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed No.2216/1979 proving ownership of the property.
Reference:
Ext.A3
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Common Reasons
Case Code
Case between Vijayamma et al vs Kanakan et al regarding partition and permanent prohibitory injunction.
Case Code Year
Case between Vijayamma et al vs Kanakan et al regarding partition and permanent prohibitory injunction.