Saradha v. Narayani
Case brief
What is this about?
Kerala High Court dismissed a second appeal challenging a partition decree. The court held that the release deeds executed by specific plaintiffs and defendants did not release other co-owners. It found no substantial question of law arising and dismissed the appeal.
What did the court decide?
Second Appeal dismissed in limine; no substantial question of law arises.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE V.RAMKUMAR
WEDNESDAY, THE 10TH DECEMBER 2008 / 19TH AGRAHAYANA 1930
RSA.No. 927 of 2008() --------------------AS.67/2003 of ADDL.SUB COURT,PARAVUR OS.37/1998 of MUNSIFF COURT,ALUVA
APPELLANT IN AS/DEFENDANT NO.4 IN SUIT:
SARADHA, W/O.P.G.RAMACHANDRAN, XF.NO.27, FACT QUARTERS, TOWNSHIP, UDYOGAMANDAL, NEAR FACT HIGH SCHOOL, ELOOR VILLAGE, RESIDING AT PADAYATTIL HOUSE, MANJUMMAL P.O., NEAR SUBRAMANYA TEMPLE, ELOOR, UDYOGAMANDAL.
BY ADV. SRI.K.JAYAKUMAR SRI.P.B.KRISHNAN SRI.N.AJITH SMT.V.DEEPA SMT.GEETHA P.MENON
RESPONDENT(S): RESPONDENTS IN AS/PLAINTIFFS
& DEFENDANTS 1-3&5-8&
Issues for consideration
3 issues framed by the court
Whether purchase of decree for arrears of rent plus right of reversion by one legal heir extinguishes other tenants' fractional leasehold interest.
Whether release deeds by some co-tenants release all co-tenants from liability regarding leasehold shares.
Whether substantial question of law arises from the preliminary decree in partition suit regarding leasehold rights.
Parties & counsel
- appellant
SARADHA
- respondent
NARAYANI
- respondent
SANTHA VIJAYAN
- respondent
SREEDHARAN
- respondent
VIJAYAN
- respondent
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court