Case Summary
The plaintiff, Sarika, is seeking partition of properties originally belonging to Malakkal Balan and his sister Janaki. The defendants include Sarala and her sons, who deny the plaintiff's claim for partition.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Partition of the properties
Case Type
Civil Suit
Final Judgment
No
The court decreed the partition of the plaint A and B schedule properties among the plaintiff and the legal heirs of Malakkal Balan. The shares have been assigned and the case is set for further proceedings.
Why Plaintiff Won:
The plaint schedule properties were found to be partible and the plaintiff's claim was substantiated by the unchallenged evidence.
The plaint schedule properties were found to be partible and the plaintiff's claim was substantiated by the unchallenged evidence.
Losing Side's Weaknesses:
The plaint schedule properties were found to be partible and the plaintiff's claim was substantiated by the unchallenged evidence.
The plaint schedule properties were found to be partible and the plaintiff's claim was substantiated by the unchallenged evidence.
Supporting Evidence
The evidence of PW1 stands unchallenged. Defendants No. 5 to 8 conceded the plaint averments and demanded partition of plaint A and B schedule properties as per the plaint averments.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. That plaint A schedule property shall be divided into 3 equal shares by metes and bounds. The plaintiff, defendants No. 2 and 3 are entitled for shares each in plaint A schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sarika
- Party Age
- 52
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Sarala
- Party Age
- 79
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- M.Sunil Kumar
- Party Age
- 49
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sindhu
- Party Age
- 45
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Malakkal Krishnan
- Party Age
- 78
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Manoharan M
- Party Age
- 50
- Relation
- S/o
Plaintiffs Documents
Certified copy of gift deed No.1904/1980, Death certificate of Janaki, Certified copy of Decree in OS 439/19
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.K.M.Sebastian
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.K.M.Musthafa
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.V.G.Neena
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.V.G.Surendran
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt.Deepika Ashok.P
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
The suit for partition of the plaint A and B schedule properties.
Evidence:
Hence I find that the plaint schedule properties are partible.
Relief Type:
Possession
Outcome:
Granted
Description:
The plaintiff is entitled for 3/12 share in plaint A schedule property and 2/18 share in plaint B schedule property.
Evidence:
The plaintiff is entitled for 2/18 shares each in plaint A schedule property.
Documents & Evidence
Document Type:
Gift Deed
Submitted By:
Plaintiff
Relevance:
It shows that the plaint schedule property belonged to Balan and his sister Janaki.
Reference:
Ext.A1
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
It serves to verify the death of Janaki, relevant to the inheritance of property.
Reference:
Ext.A2
Document Type:
Judgment
Submitted By:
Court
Relevance:
It was a suit for partition, which was settled in mediation and is important for this case.
Reference:
Ext.A3
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Case Code
Case between Sarika vs Sarala et al regarding partition
Case Code Year
Case between Sarika vs Sarala et al regarding partition