Case Summary
The plaintiff, Sajeev, and the defendants, Vasantha Kumari and Usha, are siblings seeking a partition of their mother's property. The mother passed away in 2011, and the plaintiff claims a share in the jointly owned property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Division of the plaint schedule property into four equal shares
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit and ordered that the plaint schedule property be divided into four equal shares. The plaintiff and the third defendant are to be allotted one share each.
Why Plaintiff Won:
The plaint schedule property is partible as per the findings of the court.
The plaint schedule property is partible as per the findings of the court.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The plaint schedule property is found to be partible and the plaintiff has equal rights over it.
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 four equal shares by metes and bounds and plaintiff and third defendant shall be allotted with one such share each over plaint schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sajeev
- Party Age
- 50
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Vasantha Kumari
- Party Age
- 54
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Usha
- Party Age
- 52
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Lathika
- Party Age
- 51
- Relation
- D/o
Plaintiffs Documents
Certified copy of settlement deed No. 3036/1978, Death certificate of Smt. G. Radhamony, Tax receipt dated 11/11/2015
Defendants Documents
Building Tax receipt dated 20/03/2023, Election ID card of Smt. Lathika, Ration card of Smt. Lathika, Copy of ration card of Lathika, Copy of Adhar card of Lathika
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. V. Vinod
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Joy Bhaskar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
Partition of the plaint schedule property by metes and bounds and allotment of one share to the plaintiff.
Evidence:
The plaint schedule property shall be divided into four equal shares by metes and bounds and plaintiff and third defendant shall be allotted with one such share each over plaint schedule property.
Relief Type:
Possession
Outcome:
Partly Granted
Description:
Acknowledgment of third defendant's claim to her share.
Evidence:
Defendant no.3 has also prayed for allotting portion of the property in which the residential building is situated to her.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of settlement deed No. 3036/1978 evidencing ownership of the property.
Reference:
Ext.A1
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Death certificate of the mother confirming her passing on 15.10.2011.
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt indicating property tax history relevant to the case.
Reference:
Ext.A3
Document Type:
Building Tax Receipt
Submitted By:
Defendant
Relevance:
Tax receipt for the building constructed by the third defendant.
Reference:
Ext.B1
Document Type:
Election ID Card
Submitted By:
Defendant
Relevance:
ID identification of Smt. Lathika relevant to her claims.
Reference:
Ext.B2
Document Type:
Ration Card
Submitted By:
Defendant
Relevance:
Ration card of Smt. Lathika evidencing her identity.
Reference:
Ext.B3
Document Type:
Copy of ration card
Submitted By:
Defendant
Relevance:
Another copy of ration card of Lathika supporting her residence claim.
Reference:
Ext.B4
Document Type:
Copy of Aadhar Card
Submitted By:
Defendant
Relevance:
Aadhar card of Lathika corroborating her identity and status.
Reference:
Ext.B5
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiffs Court, Varkala
Common Reasons
Inheritance dispute
Case Code
Case between Sajeev vs Vasantha Kumari et al regarding partition of property
Case Code Year
Case between Sajeev vs Vasantha Kumari et al regarding partition of property