Case Summary
This case involves the plaintiff Basheer who is seeking a declaration and permanent prohibitory injunction regarding a pathway claimed as an easement over the property. The defendants, Baburaj and Bhaskaran, contest the existence of the pathway and have filed a counter claim.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Declaration that the plaintiff is entitled to use plaint B schedule way as the way for an access for ingress and egress to plaint A schedule property by way of easement by prescription.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, allowing the declaration of an easement over the pathway and granting a permanent prohibitory injunction against the defendants.
Why Plaintiff Won:
The plaintiff successfully established the right of easement by prescription over the B schedule pathway.
The plaintiff successfully established the right of easement by prescription over the B schedule pathway.
Losing Side's Weaknesses:
The plaintiff successfully established the right of easement by prescription over the B schedule pathway.
The plaintiff successfully established the right of easement by prescription over the B schedule pathway.
Supporting Evidence
The plaintiff has successfully proved the right of easement by prescription over B schedule way passes through the property of the defendants.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: It is declared that the plaintiff is entitled to use plaint B schedule way as the way for an access for ingress and egress to plaint A schedule property by way of easement by prescription.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Basheer
- Party Age
- 50
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Rubeena
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Abdulla
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Nanu
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Others
- Party Role
- Defendant
- Party Name
- Baburaj. C. P
- Party Age
- 62
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Bhaskaran
- Party Age
- 76
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Others
- Party Role
- Defendant
- Party Name
- Others
- Party Role
- Defendant
- Party Name
- Others
Plaintiffs Documents
Partition Deed No. 445/98 of SRO, Kuttyadi, Certified copy of Report issued by the Village Officer, Kuttyadi to RDO, Vadakara, Report submitted Junior Superintendent, RDO, Vatakara, Letter sent by the President, Vatayam Palakkool Palli Mahallu Committee.
Defendants Documents
Letter issued by RDO, Vatakara to Rubeena, Certified copy of Janmam Assignment Deed No. 1069/2016 of SRO, Kuttiady executed by Baskaran in favour of Thevarkandi Ibrahim.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. O. T. Jabish
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. N. M. Rajagopal
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Declaration that the plaintiff is entitled to use plaint B schedule way as the way for access to plaint A schedule property by way of easement by prescription.
Evidence:
It is declared that the plaintiff is entitled to use plaint B schedule way as the way for an access for ingress and egress to plaint A schedule property by way of easement by prescription.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Restraining the defendants from changing the nature of B schedule way and from causing obstruction to its use by the plaintiff and his family members.
Evidence:
The defendants are restrained by a decree of permanent prohibitory injunction from changing the nature of B schedule way and also from causing obstruction or interruption to the use of plaint B schedule way by the plaintiff and his family members.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
The document establishes the plaintiff's ownership and rights over the property after partitioning.
Reference:
Ext.A1
Document Type:
Certified copy of Report
Submitted By:
Plaintiff
Relevance:
This report confirms the obstruction of the pathway claimed by the plaintiff.
Reference:
Ext.A2
Document Type:
Report submitted
Submitted By:
Plaintiff
Relevance:
This report supports the plaintiff's case regarding the easement by prescription.
Reference:
Ext.A3
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
This letter provides additional context relating to the property and its usage.
Reference:
Ext.A4
Document Type:
Letter
Submitted By:
Defendant
Relevance:
This document attempts to refute claims related to the pathway.
Reference:
Ext.B1
Document Type:
Certified Copy of Janmam Assignment Deed
Submitted By:
Defendant
Relevance:
This deed relates to the property rights of the defendants and supports their counter claim.
Reference:
Ext.B2
Document Type:
Commissioner's Report
Submitted By:
Court
Relevance:
This report identifies the existence of the pathway and supports the plaintiff's claims.
Reference:
Ext.C1
Document Type:
Commissioner's Plan
Submitted By:
Court
Relevance:
The plan visually represents the pathway claimed by the plaintiff.
Reference:
Ext.C2
Document Type:
Commissioner's Report
Submitted By:
Court
Relevance:
This report further corroborates the existence of the pathway.
Reference:
Ext.C3
Document Type:
Surveyor's Plan
Submitted By:
Court
Relevance:
The plan serves as additional evidence relating to the pathway.
Reference:
Ext.C4
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Easement by prescription
Case Code
Case between Basheer et al vs Baburaj. C. P et al regarding declaration and permanent prohibitory injunction.
Case Code Year
Case between Basheer et al vs Baburaj. C. P et al regarding declaration and permanent prohibitory injunction.