Case Summary
Ramachandran Nair, the plaintiff, claims a right of easement by grant over a property used as a way to his land. The defendants, Mathayi and Santhosh, dispute this claim, alleging no such right exists.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Right of easement by grant and permanent prohibitory injunction
Case Type
Civil Suit
Final Judgment
No
The court declared that the plaintiff has a right of easement by grant over the plaint B schedule property and issued a permanent prohibitory injunction against the defendants.
Why Plaintiff Won:
Court found that the plaintiff has established his right of easement by grant over the plaint B schedule property.
Court found that the plaintiff has established his right of easement by grant over the plaint B schedule property.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The court finds that the plaintiff has been successful in proving that a 63 feet long and 9 feet wide pathway is in existence as claimed by the plaintiff.
Judgment Evidence:
In the result, OS.276/2016 is decreed as follows: 1. It is hereby declared that the plaintiff has right of easement by grant over the plaint B schedule property. 2. The defendant, their men and agents are restrained by way of permanent prohibitory injunction from obstructing the plaintiff’s use of the plaint B schedule property as way to the plaint A schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Ramachandran Nair
- Party Age
- 46
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mathayi
- Party Age
- 69
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Santhosh
- Party Age
- 31
- Relation
- S/o
Plaintiffs Documents
Certified copy of Kanam Assignment Deed No.1389/2012, Certified copy of Land Tax Receipt, Original plan submitted by Surveyor, Original Kanam Assignment Deed No.1878/2010, Original Kanam Deed No.4372/2006, Death certificate of Pazhaveettil Kurian, Agreement.
Defendants Documents
Certified copy of Deed No.316/2016.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Anwar Ali
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- C.T Ahammed
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.K.P.Gangadharan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- P.C.Satheesh
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Declaration that the plaintiff has right of easement by grant over the plaint B schedule property.
Evidence:
It is hereby declared that the plaintiff has right of easement by grant over the plaint B schedule property.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent prohibitory injunction restraining the defendants from obstructing the plaintiff's use of the plaint B schedule property.
Evidence:
The defendant, their men and agents are restrained by way of permanent prohibitory injunction from obstructing the plaintiff’s use of the plaint B schedule property.
Relief Type:
Other
Outcome:
Granted
Description:
Order for the defendants to pay the costs of the proceedings.
Evidence:
The defendant shall pay costs of the proceedings to the plaintiff.
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Permanent prohibitory injunction sought by the plaintiff in OS.280/2016.
Evidence:
Hence, the plaintiff in OS.280/2016 is not entitled to a decree of permanent prohibitory injunction as sought for.
Documents & Evidence
Document Type:
Kanam Assignment Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Kanam assignment deed establishing ownership over the plaint A schedule property.
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Certified copy of land tax receipt verifying the plaintiff's ownership of the property.
Reference:
Ext.A2
Document Type:
Original plan
Submitted By:
Unknown
Relevance:
Original plan submitted by the surveyor showing the layout of the properties.
Reference:
Ext.A3
Document Type:
Kanam Assignment Deed
Submitted By:
Plaintiff
Relevance:
Original Kanam assignment deed that supports the claim of easement.
Reference:
Ext.A4
Document Type:
Kanam Deed
Submitted By:
Plaintiff
Relevance:
Original Kanam deed which indicates ownership rights relevant to the case.
Reference:
Ext.A5
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Death certificate to establish relationships relevant to property ownership.
Reference:
Ext.A6
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Agreement that indicates rights related to the easement and use of pathways.
Reference:
Ext.A7
Document Type:
Deed
Submitted By:
Defendant
Relevance:
Certified copy of deed relevant to the defendant's claim over the property.
Reference:
Ext.B1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report verifying the existence of the plaint B schedule way.
Reference:
Ext.C1
Document Type:
Advocate Commissioner’s sketch
Submitted By:
Court
Relevance:
Sketch prepared by the Advocate Commissioner related to the case.
Reference:
Ext.C1(a)
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Additional commission report pertaining to the plaint schedule property.
Reference:
Ext.C2
Document Type:
Advocate Commissioner’s sketch
Submitted By:
Court
Relevance:
Further sketch related to the findings in the second commission report.
Reference:
Ext.C2(a)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Case Code
Case between Ramachandran Nair vs Mathayi et al regarding right of easement and permanent prohibitory injunction
Case Code Year
Case between Ramachandran Nair vs Mathayi et al regarding right of easement and permanent prohibitory injunction