Case Summary
Alice John and Kunjamma George are the plaintiffs seeking partition of property inherited from their deceased brother, Yohannan. The defendants, who are relatives, contested the partition due to claims over the same property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaint schedule property shall be divided into 5 equal shares.
Case Type
Civil Suit
Final Judgment
No
The court decreed the partition of the plaint schedule property among the plaintiffs and defendants as requested. Each party was given their respective shares in the property.
Why Plaintiff Won:
The plaintiffs established their claim over the property as legal heirs.
The plaintiffs established their claim over the property as legal heirs.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The plaintiffs could establish that the plaint schedule property is partible and hence they are entitled to their share.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. The plaint schedule property shall be divided into 5 equal shares. 2. The plaintiffs 1 and 2 are entitled to 1 such share each (1/5th share each) in the plaint schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Alice John
- Party Age
- 69
- Relation
- D/o Late Aharon
- Party Role
- Plaintiff
- Party Name
- Kunjamma George
- Party Age
- 73
- Relation
- D/o Late Ahron
- Party Role
- Defendant
- Party Name
- Shaji
- Party Age
- 50
- Relation
- S/o Late Kunjoonju
- Party Role
- Defendant
- Party Name
- Sherli Sunny
- Party Age
- 48
- Relation
- D/o Late Kunjoonju
- Party Role
- Defendant
- Party Name
- Leela Thankappan
- Party Age
- 63
- Relation
- D/o Late Janaki @ Orotha
- Party Role
- Defendant
- Party Name
- Rajamma Surendran
- Party Age
- 60
- Relation
- D/o Late Janaki @ Orotha
- Party Role
- Defendant
- Party Name
- Sarojini Sahadevan
- Party Age
- 50
- Relation
- D/o Late Janaki @ Orotha
Plaintiffs Documents
Purchase Certificate no. 50/2012, Tax Receipt, Death Certificate
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- N Gopalakrishnan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sindhu Gopalakrishnan
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Anil B Nair
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Anil Namboodiri
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Shalini Kurup
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
The plaint schedule property shall be divided into 5 equal shares.
Evidence:
In the result, the suit is decreed as follows: 1. The plaint schedule property shall be divided into 5 equal shares.
Relief Type:
Declaration
Outcome:
Granted
Description:
The plaintiffs are entitled to 1/5th share in the plaint schedule property.
Evidence:
The plaintiffs 1 and 2 are entitled to 1 such share each (1/5th share each) in the plaint schedule property.
Relief Type:
Declaration
Outcome:
Granted
Description:
The defendants no.1 and 2 are jointly entitled to 1/5th share in the plaint schedule property.
Evidence:
The defendants no.1 and 2 are jointly entitled to one such share together (1/5th share) in the plaint schedule property.
Relief Type:
Declaration
Outcome:
Granted
Description:
The defendants no.3 to 10 are jointly entitled to 1/5th share in the plaint schedule property.
Evidence:
The defendants no.3 to 10 are jointly entitled to one such share (1/5th share) in the plaint schedule property.
Relief Type:
Declaration
Outcome:
Granted
Description:
The defendants no.11 and 12 are jointly entitled to 1/5th share in the plaint schedule property.
Evidence:
The defendants no.11 and 12 are jointly entitled to one such share (1/5th share) in the plaint schedule property.
Documents & Evidence
Document Type:
Kraya Certificate
Submitted By:
Plaintiff
Relevance:
Establishes the ownership and title of the plaint schedule property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Indicates that the deceased was paying tax on the plaint schedule property.
Reference:
Ext.A2
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Confirms the date of death of the owner of the plaint schedule property.
Reference:
Ext.A3
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Case Code
Case between Alice John et al vs Shaji et al regarding partition.
Case Code Year
Case between Alice John et al vs Shaji et al regarding partition.