Case Summary
The plaintiffs, led by Sreedharan, seek a partition of property originally owned by Unnikandan and subsequently inherited. The defendants, Rajesh, Kalyani, and Rajeev, have not participated in the proceedings.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Preliminary decree for partition of property.
Case Type
Civil Suit
Final Judgment
No
A preliminary decree is granted for partitioning the property, with plaintiffs entitled to 116/150 shares. Defendants are entitled to 34/150 shares, with the shares to be allocated upon payment of court fees.
Why Plaintiff Won:
Plaintiffs proved their entitlement to the shares based on historical ownership and inheritance.
Plaintiffs proved their entitlement to the shares based on historical ownership and inheritance.
Losing Side's Weaknesses:
Plaintiffs proved their entitlement to the shares based on historical ownership and inheritance.
Plaintiffs proved their entitlement to the shares based on historical ownership and inheritance.
Supporting Evidence
I find that the plaintiffs have proved their case and is entitled to a decree as prayed for.
Judgment Evidence:
In the result, a preliminary decree is passed as follows: 1)Plaint B schedule item No.1 and 2 property shall be divided into 150 equal shares and the plaintiffs are entitled to get 116/150 shares jointly.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sreedharan
- Party Age
- 65
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Sumathi
- Party Age
- 63
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Rajan
- Party Age
- 61
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Bhaskaran
- Party Age
- 60
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Ajitha
- Party Age
- 54
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Rameshan
- Party Age
- 57
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Rejani.P.
- Party Age
- 54
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Shaju
- Party Age
- 52
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Rajesh
- Party Age
- 46
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Rajeev
- Party Age
- 51
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Kalyani
- Party Age
- 90
- Relation
- D/o
Plaintiffs Documents
Certified copy of partition deed No.1485/1904 of SRO, Chevayur; Certified copy of partition deed No.287/1975 of SRO, Chevayur; Certified copy of Kanam deed No.1446/1963 of SRO, Chathamangalam; Purchase certificate issued from Land Tribunal, Kozhikode; Death certificate of Ummannu; Land Tax Receipt issued from Peruvayal Village Officer.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.P.K.Sreekumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
The plaintiffs are entitled to 116/150 shares in the jointly owned properties.
Evidence:
The plaintiffs have proved their case and is entitled to a decree as prayed for.
Relief Type:
Declaration
Outcome:
Granted
Description:
The defendants are entitled to 34/150 shares in the jointly owned properties.
Evidence:
The defendants are entitled to get 34/150 shares jointly in plaint B schedule item No.1 and 2 property.
Documents & Evidence
Document Type:
Certified Copy of Partition Deed
Submitted By:
Plaintiff
Relevance:
Produced to substantiate the history of ownership and detailing the partition of property.
Reference:
Ext.A1
Document Type:
Certified Copy of Partition Deed
Submitted By:
Plaintiff
Relevance:
Produced to demonstrate the partition among legal heirs.
Reference:
Ext.A2
Document Type:
Certified copy of Kanam deed
Submitted By:
Plaintiff
Relevance:
Presented to clarify the ownership transfer and rights over the property.
Reference:
Ext.A3
Document Type:
Purchase Certificate
Submitted By:
Plaintiff
Relevance:
Provided to show the legitimacy of ownership claimed by the plaintiffs.
Reference:
Ext.A4
Document Type:
Copy Application
Submitted By:
Plaintiff
Relevance:
Used to highlight procedural steps taken regarding the property.
Reference:
Ext.A5
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Submitted to confirm the death of a key party affecting ownership.
Reference:
Ext.A6
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Indicates the current ownership and tax obligations of the property.
Reference:
Ext.A7
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Case Code
Case between Sreedharan et al vs Rajesh et al regarding partition of property.
Case Code Year
Case between Sreedharan et al vs Rajesh et al regarding partition of property.