Case Summary
Reetha, the plaintiff, is seeking a partition of the properties belonging to her deceased father, Madhavan. The defendants include the wife and children of Madhavan's son Mohandas and his wife.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Preliminary decree for partition of the properties
Case Type
Civil Suit
Final Judgment
No
The court ordered a preliminary decree for partition of the property into 12 equal shares, with specific shares allotted to the plaintiff and defendants.
Why Plaintiff Won:
The plaintiff successfully established her entitlement to a share of the property through uncontroverted evidence.
The plaintiff successfully established her entitlement to a share of the property through uncontroverted evidence.
Losing Side's Weaknesses:
The plaintiff successfully established her entitlement to a share of the property through uncontroverted evidence.
The plaintiff successfully established her entitlement to a share of the property through uncontroverted evidence.
Supporting Evidence
The uncontroverted oral evidence and the documentary evidence marked on the side of plaintiff establish the case mooted in the plaint.
Judgment Evidence:
In the result, Preliminary decree is passed as follows: 1. The plaint schedule properties shall be partitioned by metes and bounds.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Reetha
- Party Age
- 53
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Bindu N. M
- Party Age
- 47
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Abindas. M
- Party Age
- 25
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Aparnna Mohan
- Party Age
- 21
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Leela. M
- Party Age
- 74
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Jayan. M
- Party Age
- 51
- Relation
- S/o
Plaintiffs Documents
Family lineage chart, Sale deed No. 2806/1963, Sale deed No. 3406/1986, Sale deed No. 912/1956, Partition deed No. 176/2006
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. V. Satheesan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
Plaint schedule properties shall be partitioned by metes and bounds.
Evidence:
Preliminary decree is passed as follows: The plaint schedule properties shall be partitioned by metes and bounds.
Relief Type:
Possession
Outcome:
Granted
Description:
Plaint schedule properties shall be divided into 12 equal shares.
Evidence:
The plaint schedule properties shall be divided into 12 equal shares and 3/12 shares each shall be allotted to plaintiff and defendants No.4 and 5.
Relief Type:
Possession
Outcome:
Granted
Description:
Defendants No.1 to 3 shall be allotted with 1/12 shares each.
Evidence:
Defendant No.1 to 3 shall be allotted with 1/12 shares each.
Relief Type:
Other
Outcome:
Granted
Description:
Allotment of the shares to the defendants are subject to the payment of court fee.
Evidence:
The allotment of the shares to the defendants are subject to the payment of court fee.
Relief Type:
Other
Outcome:
Granted
Description:
Parties shall bear their respective costs.
Evidence:
Parties shall bear their respective costs.
Relief Type:
Other
Outcome:
Granted
Description:
Entitlement to file application for passing a final decree.
Evidence:
Any of the parties to the suit who has paid court fee is entitled to file application for passing a final decree.
Documents & Evidence
Document Type:
Family lineage chart
Submitted By:
Plaintiff
Relevance:
Shows the family lineage of the deceased Madhavan.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed bearing No. 3406/1986 of Chevayur SRO.
Reference:
Ext.A2
Document Type:
Kanam Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Kanam Deed No. 912/1956 of SRO Chevayur.
Reference:
Ext.A3
Document Type:
Kanam Deed
Submitted By:
Plaintiff
Relevance:
Original Kanam Deed No. 2926/1963.
Reference:
Ext.A4
Document Type:
Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Deed No. 176/2006 of SRO Chevayur.
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Case Code
Case between Reetha vs Bindu N. M et al regarding partition
Case Code Year
Case between Reetha vs Bindu N. M et al regarding partition