Case Summary
The plaintiffs, Raju Chettiyar and Rathinam, are seeking to prevent the defendants from encroaching upon their properties and obstructing their pathway. The court has found that the plaintiffs have established their easement rights over the pathway used for access to their properties.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction granted in favor of the plaintiffs.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiffs, granting them easement rights over the pathway and permitting the construction of a boundary wall. The defendants are restrained from encroaching upon the plaintiffs' properties.
Why Plaintiff Won:
The plaintiffs established their easement rights over the pathway used for ingress and egress.
The plaintiffs established their easement rights over the pathway used for ingress and egress.
Losing Side's Weaknesses:
The plaintiffs established their easement rights over the pathway used for ingress and egress.
The plaintiffs established their easement rights over the pathway used for ingress and egress.
Supporting Evidence
Through the unchallenged oral and documentary evidence adduced by the plaintiffs, the plaintiffs have established their case.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. It is hereby declared that plaintiffs have got easement right by prescription over plaint C schedule pathway for ingress and egress to plaint A and B schedule properties.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Raju Chettiyar
- Party Age
- 69
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Rathinam
- Party Age
- 59
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Raveendran Nair
- Party Age
- 67
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Nirmala Devi
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Sasidharan Nair
- Party Age
- 70
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Bhaskaran Nair
- Party Age
- 58
- Relation
- S/o
Plaintiffs Documents
Certified copy of Sale deed No. 5532/1981, Certified copy of Sale deed No. 4790/1984, Tax receipt dated 08.07.2019.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. H. Sumanas
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent prohibitory injunction restraining the defendants from encroaching into the plaint A and B schedule properties and widening the width of plaint C schedule pathway.
Evidence:
A permanent prohibitory injunction is granted in favour of the plaintiffs and the defendants are restrained from encroaching into the plaint A and B schedule properties and widening the width of plaint C schedule pathway.
Relief Type:
Declaration
Outcome:
Granted
Description:
Declaration of easement right by prescription over plaint C schedule pathway.
Evidence:
It is hereby declared that plaintiffs have got easement right by prescription over plaint C schedule pathway for ingress and egress to plaint A and B schedule properties.
Relief Type:
Other
Outcome:
Granted
Description:
Permission to construct a boundary wall in 'AB' point.
Evidence:
Plaintiffs are permitted to construct a boundary wall in 'AB' point which separates plaint A and B schedule properties with plaint C schedule pathway as per Ext. C2 (a)-plan.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed No. 5532/1981 to prove ownership of plaint A schedule property.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed No. 4790/1984 to prove ownership of plaint B schedule property.
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt dated 08.07.2019 to demonstrate continuous enjoyment of the property.
Reference:
Ext.A3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report dated 14.01.2020 related to the case.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Rough sketch prepared by Adv. Commissioner to support the commission report.
Reference:
Ext.C1(a)
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report dated 18.10.2024 relating to plaintiffs' property.
Reference:
Ext.C2
Document Type:
Plan
Submitted By:
Court
Relevance:
Plan prepared by surveyor to delineate property boundaries.
Reference:
Ext.C2(a)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiffs Court, Varkala
Common Reasons
Case Code
Case between Raju Chettiyar et al vs Raveendran Nair et al regarding granting a decree of permanent prohibitory injunction
Case Code Year
Case between Raju Chettiyar et al vs Raveendran Nair et al regarding granting a decree of permanent prohibitory injunction