Case Summary
Umadevi. G filed a suit against her brother Hareendranath G.S for partitioning their inherited properties and seeking a prohibitory injunction against any construction. The suit arose due to conflicts over the properties acquired by their deceased parents.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
A preliminary decree for partition of the plaint ‘A’ and ‘B’ schedule properties is granted.
Case Type
Civil Suit
Final Judgment
No
The court found that Umadevi. G and Hareendranath G.S are entitled to equal shares of the inherited properties. The relief for a permanent injunction was denied due to insufficient evidence of threat from the defendant.
Why Plaintiff Won:
The defendant admitted to having no objection to the partition of the properties.
The defendant admitted to having no objection to the partition of the properties.
Losing Side's Weaknesses:
The defendant admitted to having no objection to the partition of the properties.
The defendant admitted to having no objection to the partition of the properties.
Supporting Evidence
The documents marked as Ext.A1 and Ext.A2 conclusively establish that title to these properties stood in the names of the PW1’s mother and both parents, respectively.
Judgment Evidence:
In the result; The suit is partly decreed as follows: (b) A preliminary decree for partition of the plaint ‘A’ and ‘B’ schedule properties by metes and bounds is granted. (c) The plaintiff and the defendant are entitled to get 1/2 shares each over plaint ‘A’ and ‘B’ schedule properties.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Umadevi. G
- Party Age
- 30
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Hareendranath G.S
- Party Age
- 41
- Relation
- S/o
Plaintiffs Documents
Certified copy of the Sale deed No. 1801/1981, Certified copy of the Sale deed No. 3249/1982, Tax receipt, Building tax receipt, Original death certificate of Sri. Narayani Gopi, Original death certificate of Smt. Sukumari.T.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. K.Premjith Palazhy
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Plaintiff sought a permanent prohibitory injunction to restrain the defendant from demolishing the existing building or undertaking new construction.
Evidence:
This Court finds that the plaintiff is not entitled to the permanent injunction as prayed for.
Relief Type:
Partition
Outcome:
Granted
Description:
Plaintiff sought a preliminary decree for partition and separate possession of her half share in the plaint schedule properties.
Evidence:
Accordingly, this Court finds that the plaintiff is entitled to a preliminary decree for partition and separate possession of her one-half share in the plaint schedule properties.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the sale deed registered in the name of the plaintiff's mother for plaint schedule 'A' property.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the sale deed registered in the names of the plaintiff’s parents for plaint schedule 'B' property.
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Land tax receipt for plaint 'A' and 'B' schedule properties.
Reference:
Ext.A3
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Land tax receipt for plaint 'A' and 'B' schedule properties.
Reference:
Ext.A3(a)
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
Building tax receipt for the house situated on the plaint schedule property.
Reference:
Ext.A4
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Original death certificate of the plaintiff's father.
Reference:
Ext.A5
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Original death certificate of the plaintiff's mother.
Reference:
Ext.A6
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
OS.NO.
Case Code Year
2020