Case Summary
P. K. Lonan and Sons filed a suit against P.L. Kurian and others seeking dissolution of a partnership and partition of partnership assets. The plaintiffs contend that they are entitled to a decree for partition based on their ownership claims.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court found that the first plaintiff was not established as a partnership firm and dismissed the suit and counter claim. The plaintiffs were not entitled to the reliefs sought.
Key Reasoning:
The plaintiffs failed to prove the existence of a partnership.
The plaintiffs failed to prove the existence of a partnership.
Why Defendant Won:
Not available
Not available
Supporting Evidence
It is not established that the first plaintiff is a partnership firm. The plaintiffs are not entitled to a decree for partition of the plaint scheduled properties.
Judgment Evidence:
In the result, the suit and counter claim are dismissed. In the facts of the case at hand, the parties are directed to suffer their respective costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- P. K. Lonan and Sons
- Relation
- Represented by
- Party Role
- Plaintiff
- Party Name
- P. L. Sebastian
- Party Age
- 67
- Relation
- S/o. Late Lonan P.K.
- Party Role
- Defendant
- Party Name
- P.L. Kurian
- Party Age
- 71
- Relation
- S/o. Late Lonan P.K.
- Party Role
- Defendant
- Party Name
- P. L. Vincent @ Francis
- Party Age
- 68
- Relation
- S/o. Late Lonan P.K.
- Party Role
- Defendant
- Party Name
- P. L. Cleetus
- Party Age
- 58
- Relation
- S/o. Late Lonan P.K.
- Party Role
- Defendant
- Party Name
- Elsy Jacob @ Mary
- Party Role
- Defendant
- Party Name
- Lilly Joseph @ Anna
Plaintiffs Documents
Certified copy of Sale Deed No. 360/1974, Certified copy of Sale Deed No. 1757/1985, True copy of Lawyer Notice, Reply Notice
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Babu Cherukara
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- P. A Salim
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- K.K Jayaraj
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Kirosh Rajan Ponnambil
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sunil Jacob
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Valsamma Kurian
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Dinesh R. Shenoy
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Saumya T.S
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Joseph George. A
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Silesh S. Prabhu
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Varghese C. Kuriakose
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Ranimol M.T
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Krishnapriya M.S
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Anjana Jose
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Amritha J
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Dr. Kuruvilla Mathew
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Ebin Thomas
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Refused
Description:
Decree for the dissolution of the partnership firm named 'P.K Lonan and Sons'.
Evidence:
It is not established that the first plaintiff is a partnership firm.
Relief Type:
Partition
Outcome:
Refused
Description:
Decree for partition of the plaint scheduled properties.
Evidence:
The plaintiffs are not entitled to a decree for partition of the plaint scheduled properties, building and the structures therein, as prayed for.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale Deed No. 360/1974, proof of ownership of the plaint schedule property.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale Deed No. 1757/1985, evidence of relinquishment of rights by the daughters of P.K. Lonan.
Reference:
Ext.A2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
True copy of Lawyer Notice sent by the 2nd plaintiff requesting partition.
Reference:
Ext.A3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Court's findings regarding the plaint schedule property.
Reference:
Ext.C1
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between P. K. Lonan and Sons vs P.L. Kurian et al regarding dissolution of partnership
Case Code Year
Case between P. K. Lonan and Sons vs P.L. Kurian et al regarding dissolution of partnership