Case Summary
Plaintiff sought recovery of possession and partition of joint property as per preliminary decree obtained earlier in a partition suit filed in another court. Defendants contested the maintainability of the suit.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Suit dismissed with costs
Case Type
Civil Suit - Recovery of Possession and Partition
Final Judgment
No
Key Reasoning:
The plaintiff's right was already determined in a previous preliminary decree; hence, the suit was found to be not maintainable.
The plaintiff's right was already determined in a previous preliminary decree; hence, the suit was found to be not maintainable.
Judgment Evidence:
On going through the evidence rendered by PW1, it can be seen that he has no direct or personal knowledge with respect to the subject matter of the suit. Hence, he is not a competent person to depose on behalf of the plaintiff.
Parties Involved
Plaintiffs
Ramachandramenon (71 years)
Kudakath House, Vadukumbram amsom, desom & Post, Valancheri, Tirur Taluk. Pin: 676 552
Defendants
Venugopalan (42 years)
Manchingal veedu, Post Vadakumbram, Tirur Taluk
Reliefs
Relief Type:
Recovery of Possession
Outcome:
Not Decided
Description:
Recovery of joint property possession
Evidence:
The suit was dismissed with costs as the plaintiff's right was already determined in a preliminary decree obtained earlier in another partition suit.
Relief Type:
Partition
Outcome:
Not Decided
Description:
Partition of joint property
Evidence:
The suit was dismissed with costs as the plaintiff's right was already determined in a preliminary decree obtained earlier in another partition suit.
Documents & Evidence
Document Type:
Preliminary decree
Submitted By:
Plaintiff
Relevance:
Plaintiff's right was determined in the previous preliminary decree.
Reference:
OS. 53/2004
Document Type:
Judgment in RFA
Submitted By:
Plaintiff
Relevance:
Reflects terms of the compromise where plaintiff's right was determined.
Reference:
857/2008
Document Type:
Not available
Submitted By:
Defendant
Relevance:
Not available
Reference:
Not available