Case Summary
The plaintiff and defendant were friends who conducted business together. The plaintiff filed a suit for partition of property purchased jointly with the defendant after a difference of opinion arose between them.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaint schedule property shall be divided into two equal shares by metes and bounds.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed and a preliminary decree is passed to partition the property into two equal shares, with one share allotted to the plaintiff.
Why Plaintiff Won:
The court determined that the plaint schedule property was purchased jointly and is therefore partible.
The court determined that the plaint schedule property was purchased jointly and is therefore partible.
Losing Side's Weaknesses:
The court determined that the plaint schedule property was purchased jointly and is therefore partible.
The court determined that the plaint schedule property was purchased jointly and is therefore partible.
Supporting Evidence
The plaintiff's case is established based on the purchase of the property on 01.01.2014, as it was not made an asset of the partnership firm.
Judgment Evidence:
In the result, suit is decreed and a preliminary decree is passed as follows: - 1. The plaint schedule property shall be divided into two equal shares by metes and bounds and plaintiff is entitled to get one such share over plaint schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Raju
- Party Age
- 40
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Ratheesh Kumar
- Party Age
- 40
- Relation
- S/o
Plaintiffs Documents
Certified copy of Sale deed No. 02/2014 of S.R.O., Varkala
Defendants Documents
Partnership deed
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. N. Sreedharan Nair
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. D. Roy
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Bilahari. G. R.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Partition
Outcome:
Granted
Description:
Suit is decreed and a preliminary decree is passed for partitioning the plaint schedule property into two equal shares.
Evidence:
In the result, suit is decreed and a preliminary decree is passed as follows: - 1.The plaint schedule property shall be divided into two equal shares by metes and bounds and plaintiff is entitled to get one such share over plaint schedule property.
Relief Type:
Costs
Outcome:
Not Decided
Description:
No order as to costs.
Evidence:
Hence this issue is found accordingly. In the result, suit is decreed and a preliminary decree is passed as follows: - 3.No order as to costs.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale deed No. 02/2014 of S.R.O., Varkala, indicating the purchase of the plaint schedule property.
Reference:
Ext.A1
Document Type:
Partnership Deed
Submitted By:
Defendant
Relevance:
Partnership deed dated 08-10-2015, establishing a partnership between the plaintiff and defendant.
Reference:
Ext.B1
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiffs Court, Varkala
Common Reasons
Case Code
Case between Raju vs Ratheesh Kumar regarding partition
Case Code Year
Case between Raju vs Ratheesh Kumar regarding partition