Case Summary
Erattil Chinna Mani filed a suit against Erattil Anil Kumar and others for partition of the property originally belonging to their father, Erattil Velayudhan. The case involves disputes regarding the division of the property among the heirs after Velayudhan's death.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Partition of property into 6 equal shares, with the plaintiff entitled to 5/6 share and the defendant entitled to 1/6 share.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff in OS 499/2017, granting him a majority share of the partitioned property. The suit OS 771/2019 was dismissed, and the parties were directed to bear their respective costs.
Why Plaintiff Won:
The plaintiff presented valid documentation supporting his claim for a larger share of the property.
The plaintiff presented valid documentation supporting his claim for a larger share of the property.
Losing Side's Weaknesses:
The court determined that the claims made by the defendants were unsupported by adequate evidence.
The court determined that the claims made by the defendants were unsupported by adequate evidence.
Supporting Evidence
Considering the same, I am of the view that PW1 is not entitled to get partition of the plaint schedule property as sought for.
Judgment Evidence:
A preliminary decree is passed in OS.499/2017 as follows: 1) Plaint B schedule property shall be divided into 6 equal shares by metes and bounds and the plaintiff is entitled to get 5/6 share over plaint B schedule property and the defendant is entitled to get 1/6 share over the plaint schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Erattil Chinna Mani
- Party Age
- 59
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Anil Kumar
- Party Age
- 33
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Erattil Malukutty
- Party Age
- 73
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- M.Pushpa
- Party Age
- 54
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Sindhu
- Party Age
- 45
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Nithya
- Party Age
- 18
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Nithin
- Party Age
- 15
- Relation
- S/o
Plaintiffs Documents
Copy of Lawyer notice, Postal receipts, Reply notice sent by defendant advocate.
Defendants Documents
Certified copy of Janmam assignment Deed No. 3720/2009 of SRO, Feroke, Original Tax Receipts issued from Karuvanthiruthi village Officer, Possession certificate issued by Village officer.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.V.Satheesan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K.Jayadeep Singh
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Sudheesh Kumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Jayrajan
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
Partition of plaint B schedule property into shares.
Evidence:
Plaint B schedule property shall be divided into 6 equal shares by metes and bounds and the plaintiff is entitled to get 5/6 share over plaint B schedule property and the defendant is entitled to get 1/6 share over the plaint schedule property.
Relief Type:
Permanent Injunction
Outcome:
Not Decided
Description:
Request for a permanent prohibitory injunction.
Evidence:
PW1 had not sought for any relief of permanent prohibitory injunction and hence this issue does not arise for consideration.
Documents & Evidence
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Document sent to the defendants demanding partition.
Reference:
Ext.A1
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Proof of sending notices to the defendants.
Reference:
Ext.A2
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Response received from the defendant's advocate.
Reference:
Ext.A3
Document Type:
Janmam Assignment Deed
Submitted By:
Defendant
Relevance:
Certified copy evidencing ownership of the property.
Reference:
Ext.B1
Document Type:
Tax Receipts
Submitted By:
Defendant
Relevance:
Proof of tax payment for the property.
Reference:
Ext.B2
Document Type:
Possession Certificate
Submitted By:
Defendant
Relevance:
Certificate confirming possession of the property.
Reference:
Ext.B3
Document Type:
Registered Deed
Submitted By:
Defendant
Relevance:
Deed evidencing the release of share over the property.
Reference:
Ext.B5
Document Type:
Power of Attorney
Submitted By:
Defendant
Relevance:
Document indicating authority granted to the mother.
Reference:
Ext.B6
Document Type:
Power of Attorney
Submitted By:
Defendant
Relevance:
Document indicating authority granted to the mother.
Reference:
Ext.B7
Document Type:
Lawyer Notice
Submitted By:
Defendant
Relevance:
Document indicating the defendants' legal response.
Reference:
Ext.B8
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 Erattil Chinna Mani vs Erattil Anil Kumar et al regarding partition of property
Case Code Year
Case between Erattil Chinna Mani vs Erattil Anil Kumar et al regarding partition of property