Case Summary
Ramachandramenon filed a suit for recovery of possession and partition of joint ownership property, seeking 1/6 share.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Dismissed
Case Type
Civil Suit - Recovery of Possession and Partition
Final Judgment
No
The suit for recovery of possession and partition was dismissed with costs as the preliminary decree had already determined the plaintiff's share.
Key Reasoning:
The suit was dismissed as the preliminary decree had finalized the determination of the plaintiff's share.
The suit was dismissed as the preliminary decree had finalized the determination of the plaintiff's share.
Why Defendant Won:
Not available
Not available
Supporting Evidence
In view of the above said discussion, the plaintiff is not entitled to get his right determined again with respect to the plaint schedule properties since a preliminary decree had been passed determining his share as 1/6.
Judgment Evidence:
The suit for recovery of possession and partition was dismissed with costs as the preliminary decree had already determined the plaintiff's share. Hence the suit itself is not maintainable.
Parties Involved
Parties
Plaintiffs Documents
Preliminary decree in OS. 53/2004, Jenm Assignment Deed, Judgment in RFA 857/2008, Decree in RFA.857/2008, Certified copy of final Decree in FD. IA.829/2012
Defendants Documents
Not available
Advocates
Documents & Evidence
Case Classification
Case Type
Civil Suit - Recovery of Possession and Partition
Category
Property and Possession Disputes
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Recovery of Possession
Case Code
Case between Ramachandramenon vs Venugopalan regarding possession and partition
Case Code Year
Case between Ramachandramenon vs Venugopalan regarding possession and partition