Case Summary
The plaintiffs, children of Deceased Imberan, seek a partition of the property inherited from their father. The defendant, Lokeshan, claims exclusive ownership, leading to a dispute over co-ownership rights.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Preliminary decree for partition of property into 7 equal shares.
Case Type
Civil Suit
Final Judgment
No
The suit for partition is decreed, allowing the plaintiffs and defendant equal shares of the inherited property. The plaintiffs are to receive 1/7 shares each, while the defendant gets 1/7 share.
Why Plaintiff Won:
The plaintiffs successfully established their co-ownership rights over the property.
The plaintiffs successfully established their co-ownership rights over the property.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The court has affirmed the plaintiffs' co-ownership rights based on the historical rights to the property post the death of Imberan.
Judgment Evidence:
In the result, the suit is decreed and a preliminary decree for partition is passed as follows: 1. The plaint B schedule property shall be partitioned into 7 equal shares by metes and bounds.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Dasan. T
- Party Age
- 76
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Baby
- Party Age
- 74
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Sundaran
- Party Age
- 71
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Udayan
- Party Age
- 65
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Rajalakshmi
- Party Age
- 63
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Lokeshan
- Party Age
- 57
- Relation
- S/o
Plaintiffs Documents
Exhibit A1 to A31 documents admitted as evidence, including the original deed No.3820/1947 and purchase certificate No.6/1971.
Defendants Documents
Exhibit B1 and B2 - Lawyer notice and reply notice.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.K.V.Jyothiprasad
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.T.V.Pradeep Kumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
A preliminary decree for partition is to be passed.
Evidence:
The suit is decreed and a preliminary decree for partition is passed as follows: 1.The plaint B schedule property shall be partitioned into 7 equal shares by metes and bounds.
Relief Type:
Possession
Outcome:
Granted
Description:
Plaintiffs No 1 to 5 shall each be entitled to 1/7 shares each over the plaint B schedule property.
Evidence:
Plaintiffs No 1 to 5 shall each be entitled to 1/7 shares each over the plaint B schedule property.
Relief Type:
Possession
Outcome:
Granted
Description:
Plaintiffs No 6 to 8 shall be jointly entitled to 1/7 shares each over the plaint B schedule property on payment of court fee.
Evidence:
Plaintiffs No 6 to 8 shall be jointly entitled to 1/7 shares each over the plaint B schedule property on payment of court fee.
Relief Type:
Possession
Outcome:
Granted
Description:
The defendant shall be entitled to 1/7 share over the plaint B schedule property.
Evidence:
The defendant shall entitled to 1/7 share over the plaint B schedule property.
Relief Type:
Injunction
Outcome:
Granted
Description:
The defendant is restrained from committing any waste in the plaint B schedule property or altering its nature.
Evidence:
Till the properties are partitioned by metes and bounds, the defendant is restrained from committing any waste in the plaint B schedule property or altering its nature.
Documents & Evidence
Document Type:
Original deed
Submitted By:
Plaintiff
Relevance:
Exhibit A1 is the deed No 3820/1947 of SRO Farook.
Reference:
Ext.A1
Document Type:
Purchase Certificate
Submitted By:
Plaintiff
Relevance:
Exhibit A2 is the purchase certificate bearing No 06/1971.
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Exhibit A3 is the tax receipt dated 10.08.2021.
Reference:
Ext.A3
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
Exhibit A4 is the receipt issued from Nallalam police station.
Reference:
Ext.A4
Document Type:
Gehan deed
Submitted By:
Plaintiff
Relevance:
Exhibit A5 is the gehan deed dated 09.01.2007.
Reference:
Ext.A5
Document Type:
Family Membership Certificate
Submitted By:
Plaintiff
Relevance:
Exhibit A6 is the family membership certificate issued by Village Officer Cheruvannur.
Reference:
Ext.A6
Document Type:
Certificate
Submitted By:
Plaintiff
Relevance:
Exhibit A7 is the certificate issued from Feroke Service Co-operative Bank.
Reference:
Ext.A7
Document Type:
Payment Receipt
Submitted By:
Plaintiff
Relevance:
Exhibit A8 is the payment receipt issued from KSEB Ltd.
Reference:
Ext.A8
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Exhibit A9 is the tax receipt issued from Village Officer Cheruvannur.
Reference:
Ext.A9
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Exhibit A10 is the tax receipt issued from Village Officer Cheruvannur.
Reference:
Ext.A10
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Exhibit A11 is the land tax receipt issued from Village Officer Cheruvannur.
Reference:
Ext.A11
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Exhibit A12 is the land tax receipt issued from Village Officer Cheruvannur.
Reference:
Ext.A12
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Exhibit A13 is the land tax receipt issued from Village Officer Cheruvannur.
Reference:
Ext.A13
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Exhibit A14 is the tax receipt issued from Village Officer Cheruvannur.
Reference:
Ext.A14
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Exhibit A15 is the tax receipt issued from Village Officer Cheruvannur.
Reference:
Ext.A15
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Exhibit A16 is the land tax receipt issued from Cheruvannur Village Office.
Reference:
Ext.A16
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
Exhibit A17 is the possession certificate issued by Village Officer Cheruvannur.
Reference:
Ext.A17
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
Exhibit A18 is the possession certificate issued by Village Officer Cheruvannur.
Reference:
Ext.A18
Document Type:
Gehan deed
Submitted By:
Plaintiff
Relevance:
Exhibit A19 is the gehan deed dated 11.04.2012.
Reference:
Ext.A19
Document Type:
Certificate of Encumbrance
Submitted By:
Plaintiff
Relevance:
Exhibit A20 is the certificate of encumbrance on property issued by Registration Department.
Reference:
Ext.A20
Document Type:
Certificate of Encumbrance
Submitted By:
Plaintiff
Relevance:
Exhibit A21 is the certificate of encumbrance on property issued from Registration Department.
Reference:
Ext.A21
Document Type:
Certificate of Encumbrance
Submitted By:
Plaintiff
Relevance:
Exhibit A22 is the certificate of encumbrance on property issued from Registration Department.
Reference:
Ext.A22
Document Type:
Certificate of Encumbrance
Submitted By:
Plaintiff
Relevance:
Exhibit A23 is the certificate of encumbrance on property issued from Registration Department.
Reference:
Ext.A23
Document Type:
Passbook
Submitted By:
Plaintiff
Relevance:
Exhibit A24 is the passbook of loan and share account of T.Dasan.
Reference:
Ext.A24
Document Type:
Award (mortgage)
Submitted By:
Plaintiff
Relevance:
Exhibit A25 is the award of arbitration of Ramanattukara Service Co-operative Bank.
Reference:
Ext.A25
Document Type:
Cash Receipt
Submitted By:
Plaintiff
Relevance:
Exhibit A26 is the cash receipt issued from Feroke Service Co-operative Bank.
Reference:
Ext.A26
Document Type:
Cash Receipt
Submitted By:
Plaintiff
Relevance:
Exhibit A27 is the cash receipt from Feroke Service Co-operative Bank.
Reference:
Ext.A27
Document Type:
Cash Receipt
Submitted By:
Plaintiff
Relevance:
Exhibit A28 is the cash receipt from Feroke Service Co-operative Bank.
Reference:
Ext.A28
Document Type:
Cash Receipt
Submitted By:
Plaintiff
Relevance:
Exhibit A29 is the cash receipt from Feroke Service Co-operative Bank.
Reference:
Ext.A29
Document Type:
Cash Receipt
Submitted By:
Plaintiff
Relevance:
Exhibit A30 is the cash receipt from Feroke Service Co-operative Bank.
Reference:
Ext.A30
Document Type:
Cash Receipt
Submitted By:
Plaintiff
Relevance:
Exhibit A31 is the cash receipt from Feroke Service Co-operative Bank.
Reference:
Ext.A31
Document Type:
Lawyer Notice
Submitted By:
Defendant
Relevance:
Exhibit B1 is the lawyer notice dated 04.10.2021.
Reference:
Ext.B1
Document Type:
Reply Notice
Submitted By:
Defendant
Relevance:
Exhibit B2 is the copy of the reply notice dated 21.10.2021.
Reference:
Ext.B2
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
Exhibit B3 is the tax receipt issued from Village Officer Cheruvannur.
Reference:
Ext.B3
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
Exhibit B4 is the tax receipt issued from Kozhikode Corporation.
Reference:
Ext.B4
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Partition of property
Case Code
Case between Dasan. T et al vs Lokeshan regarding partition of property
Case Code Year
Case between Dasan. T et al vs Lokeshan regarding partition of property