Case Summary
Sujitha, the plaintiff, seeks a partition of properties originally belonging to her deceased father Ramankutty, which are currently in joint possession with the defendants. The defendants, Sathi, Bibeesh, and Rajan, contest the partition and assert their ownership rights.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Properties shall be divided into 5 equal shares
Case Type
Civil Suit
Final Judgment
No
The court ordered that the plaint B scheduled properties shall be divided into five equal shares, awarding one-fifth share to the plaintiff and respective shares to the defendants. The third defendant is ordered to pay the costs of the proceedings.
Why Plaintiff Won:
The court found that the properties are partible and the plaintiff is entitled to a share.
The court found that the properties are partible and the plaintiff is entitled to a share.
Losing Side's Weaknesses:
The court found that the properties are partible and the plaintiff is entitled to a share.
The court found that the properties are partible and the plaintiff is entitled to a share.
Supporting Evidence
What emerges from the discussion above is that plaint B schedule items are partible and that the plaintiff is entitled to a 1/5 share in those properties.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. That the plaint B scheduled properties shall be divided into 5 equal shares by metes and bounds and 1/5 shares shall be allotted to the plaintiff, 1/5 share in favour of the 1st defendant, 2/5 shares in favour of the 2nd defendant and 1/5 shares in favour of the 3rd defendant.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sujitha
- Party Age
- 55
- Relation
- W/o. (Late) Radhakrishnan
- Party Role
- Defendant
- Party Name
- Sathi
- Party Age
- 79
- Relation
- W/o. (Late) Vadakkekunnath Ramankutty
- Party Role
- Defendant
- Party Name
- Bibeesh
- Party Age
- 51
- Relation
- S/o. (Late) Vadakkekunnath Ramankutty
- Party Role
- Defendant
- Party Name
- Rajan
- Party Age
- 59
- Relation
- S/o. Thalancheri Imbichekkan
Plaintiffs Documents
Certified copy of jenmam assignment deed No.3357/2004, Certified copy of jenmam assignment deed No.3358/2004.
Defendants Documents
Registered Will No.102/1995, Registered Amended will No.105/2005.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.K.P.Manoj
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.P.C.Padmaja
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
Divided the plaint B scheduled properties into 5 equal shares.
Evidence:
the suit is only to be decreed. I find no reason to deviate from the normal rule that the costs shall follow the event.
Relief Type:
Cost
Outcome:
Granted
Description:
The 3rd defendant shall be liable to pay costs of the proceedings to the plaintiff.
Evidence:
The 3rd defendant shall be liable to pay costs of the proceedings to the plaintiff and such costs shall come out of the estate.
Documents & Evidence
Document Type:
Jenmam assignment deed
Submitted By:
Plaintiff
Relevance:
Certified copy of jenmam assignment deed executed by Gopalan and Kumaran in favour of Ramankutty.
Reference:
Ext.A1
Document Type:
Jenmam assignment deed
Submitted By:
Plaintiff
Relevance:
Certified copy of jenmam assignment deed executed by Gopalan and Kumaran in favour of Ramankutty.
Reference:
Ext.A2
Document Type:
Will
Submitted By:
Defendant
Relevance:
Registration copy of will executed by Ramankutty.
Reference:
Ext.B1
Document Type:
Will
Submitted By:
Defendant
Relevance:
Registration copy of amended will executed by Ramankutty.
Reference:
Ext.B2
Document Type:
Ozhimuri deed
Submitted By:
Defendant
Relevance:
Certified copy of Ozhimuri deed executed by Patteri Sreeja in favour of Bibeesh.
Reference:
Ext.B3
Document Type:
Registered Receipt
Submitted By:
Defendant
Relevance:
Registered receipt executed by Sreeja and 2 others in favour of Bibeesh.
Reference:
Ext.B4
Document Type:
Settlement Deed
Submitted By:
Defendant
Relevance:
Certified copy of settlement deed executed by Sheeba in favour of Rajan.
Reference:
Ext.B16
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 Sujitha vs Sathi et al regarding partition of property
Case Code Year
Case between Sujitha vs Sathi et al regarding partition of property