Case Summary
The plaintiffs, Chithra.L and her daughter Radhu, are seeking a declaration of their easementary right and an injunction against the defendant, Noorjahan, regarding property access issues. The plaintiffs allege the defendant attempted to obstruct their access to their property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction and declaration of easementary right.
Case Type
Civil Suit
Final Judgment
No
The court declared that the plaintiffs have an easementary right over the contested pathway and granted them a permanent injunction against the defendant's interference.
Why Plaintiff Won:
The plaintiffs established their easementary right by prescription over the property after ignoring the defendant’s claims.
The plaintiffs established their easementary right by prescription over the property after ignoring the defendant’s claims.
Losing Side's Weaknesses:
The plaintiffs established their easementary right by prescription over the property after ignoring the defendant’s claims.
The plaintiffs established their easementary right by prescription over the property after ignoring the defendant’s claims.
Supporting Evidence
The evidence on record clearly shows that the plaintiffs and their predecessors in title have been using the plaint 'C' and 'D' schedule properties continuously, openly, peaceably and as of right for ingress and egress to the plaint 'A' schedule property for a period exceeding 31 years.
Judgment Evidence:
In the result; (a) The prayer for fixation of boundary stands dismissed. (b) It is hereby declared that the plaintiffs have an easement by prescription over the plaint 'D' schedule property which forms part of plaint ‘B’ schedule which is in continuation of plaint ‘C’ schedule to reach the plaint ‘A’ schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Chithra.L
- Party Age
- 54
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Radhu
- Party Age
- 31
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Noorjahan
- Party Age
- 70
- Relation
- W/o
Plaintiffs Documents
Original Sale deed No. 1981/1992, Tax receipt
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. P. Rahim
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.R. Rahmathullah
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt.L.Inku Rahmath
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Declaration of easement by prescription over the plaint 'D' schedule property.
Evidence:
It is hereby declared that the plaintiffs have an easement by prescription over the plaint 'D' schedule property.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent injunction against the defendant from obstructing the use of the plaint 'D' schedule property.
Evidence:
Let the defendant and her henchmen are hereby perpetually restrained from damaging the plaint 'D' schedule pathway.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent injunction against the defendant from trespassing into the plaint 'A' schedule property.
Evidence:
Let the defendant and her henchmen be perpetually restrained from trespassing into the plaint 'A' schedule property.
Relief Type:
Other
Outcome:
Partly Granted
Description:
Prayer for fixation of boundary was dismissed.
Evidence:
The prayer for fixation of boundary stands dismissed.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
The original sale deed establishes the plaintiffs' ownership of the property in question.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
The tax receipt evidences that the plaintiffs are paying land tax for the property.
Reference:
Ext.A2
Document Type:
Commissioner Report
Submitted By:
Court
Relevance:
The court exhibit provides details regarding the property boundary and pathways.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
The rough sketch aids in understanding the layout and access to the properties involved.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
OS.NO.
Case Code Year
2023