Case Summary
The plaintiffs, Mohanan. P.V, Sudheer. P.V, and Dharmmarajan, are seeking a partition of property against the defendants, Gireesh. P. V. and Jayarajan. P. V., who are also family members. The case revolves around the division of inherited property and the presumption of death for missing heirs.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Partition of property into equal shares
Case Type
Civil Suit
Final Judgment
No
The court has passed a preliminary decree allowing for the partition of the property, assigning shares to both plaintiffs and defendants. It has been determined that the property should be divided into equal shares among the heirs.
Why Plaintiff Won:
The court found sufficient evidence to declare the missing heirs as presumed dead and that the plaintiffs were entitled to their respective shares.
The court found sufficient evidence to declare the missing heirs as presumed dead and that the plaintiffs were entitled to their respective shares.
Losing Side's Weaknesses:
The court found sufficient evidence to declare the missing heirs as presumed dead and that the plaintiffs were entitled to their respective shares.
The court found sufficient evidence to declare the missing heirs as presumed dead and that the plaintiffs were entitled to their respective shares.
Supporting Evidence
On the entire appreciation of evidence, oral and documentary, and the surrounding circumstances, I am of the view that this court can safely apply the presumption as provided in S.108 of the Indian Evidence Act.
Judgment Evidence:
In the result, A Preliminary Decree is passed as follows: 1.That the plaint schedule property shall be divided into 5 equal shares and the plaintiffs get 1/5 share each.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Mohanan. P.V
- Party Age
- 59
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Sudheer. P.V
- Party Age
- 57
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Dharmmarajan
- Party Age
- 54
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Gireesh. P. V.
- Party Age
- 43
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Jayarajan. P. V.
- Party Age
- 52
- Relation
- S/o
Plaintiffs Documents
Original Kanam Assignment deed No: 1258/1987, Original joint Ozhimuri deed no. 1324/1987, Death Certificate of P.V. Kalyanikutty Amma, Surviving family membership certificate issued by Village Officer Valayanad.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. P. G. Anoop Narayanan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt. Prameela. M.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
To declare the civil death of Puthiyaveettil Asokan and Puthiyaveettil Vijayan.
Evidence:
Now the plaintiffs and defendants want to effect a partition of the plaint B schedule property.
Relief Type:
Partition
Outcome:
Granted
Description:
Partition of the plaint schedule property into equal shares.
Evidence:
I find that the plaint schedule property is to be divided into 5 equal shares and the plaintiffs and defendants are entitled to get 1/5 share each.
Documents & Evidence
Document Type:
Kanam Assignment Deed
Submitted By:
Plaintiff
Relevance:
Original Kanam Assignment deed demonstrating the transfer of property to Kalyanikutty Amma.
Reference:
Ext.A1
Document Type:
Joint Ozhimuri Deed
Submitted By:
Plaintiff
Relevance:
Original joint Ozhimuri deed executed by peechanari Koyatty in favor of Kalyanikutty Amma.
Reference:
Ext.A2
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Death Certificate of P.V. Kalyanikutty Amma establishing the basis for civil death declaration.
Reference:
Ext.A3
Document Type:
Family Membership Certificate
Submitted By:
Plaintiff
Relevance:
Surviving family membership certificate issued to establish legal heirs.
Reference:
Ext.A4
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 Mohanan. P.V et al vs Gireesh. P. V. et al regarding partition
Case Code Year
Case between Mohanan. P.V et al vs Gireesh. P. V. et al regarding partition