Case Summary
This case involves a dispute between a married couple, the plaintiffs, and the defendant over the right of easement by prescription for a motorable road. The plaintiffs claim that they have been using a portion of the road for access to their property without any interruption since 1993.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction restraining the defendant from making any construction or altering the road.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the plaintiffs have the right of easement by prescription over the disputed road and issued a permanent prohibitory injunction against the defendant.
Why Plaintiff Won:
The plaintiffs established their right of easement through unchallenged evidence.
The plaintiffs established their right of easement through unchallenged evidence.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
Through the unchallenged oral and documentary evidence, the plaintiffs have established their right of easement by prescription over plaint D schedule portion of plaint C schedule motorable road within plaint B schedule property.
Judgment Evidence:
In the result, the suit is decreed as follows: It is hereby declared that plaintiffs are having right of easement by prescription over plaint D schedule portion of plaint C schedule motorable road within plaint B schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Hafsa
- Party Age
- 52
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- K.M. Mohamed hashim
- Party Age
- 52
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Saboora Beevi
- Party Age
- 42
- Relation
- D/o
Plaintiffs Documents
Certified copy of Sale deed No. 24/1993, Tax Receipt No. KL01060809748/2020, Photographs depicting pathways, Photographs depicting the condition of pathways before and after, Photographs depicting the blockade on the motorable road used by plaintiff and family
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Muhammad Muhazin
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Declaration of plaintiffs' right of easement by prescription over plaint D schedule portion of plaint C schedule motorable road.
Evidence:
It is hereby declared that plaintiffs are having right of easement by prescription over plaint D schedule portion of plaint C schedule motorable road within plaint B schedule property.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Perpetual injunction restraining the defendant from making any construction or altering the condition of plaint D schedule portion of plaint C schedule motorable road.
Evidence:
A decree of permanent prohibitory injunction is granted in favour of the plaintiffs restraining the defendant and henchmen from making any construction or alter the condition of plaint D schedule portion of plaint C schedule motorable road.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the Sale deed No. 24/1993 of Kavalayoor SRO establishing ownership of the plaintiffs over plaint A schedule property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax Receipt No. KL01060809748/2020 of Manamboor Village Office demonstrating the payment of land tax by the plaintiffs.
Reference:
Ext.A2
Document Type:
Photographs
Submitted By:
Plaintiff
Relevance:
Photographs depicting pathways used by the plaintiffs.
Reference:
Ext.A3(series)
Document Type:
Photographs
Submitted By:
Plaintiff
Relevance:
Photographs showcasing the condition of pathways before and after.
Reference:
Ext.A4(series)
Document Type:
Photographs
Submitted By:
Plaintiff
Relevance:
Photographs depicting the blockade on the motorable road used by the plaintiffs and their family.
Reference:
Ext.A5(series)
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission Report and Rough Sketch prepared by Adv. Commissioner Sri. S. Santhoshkumar.
Reference:
Ext.C1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission Report and Rough Sketch prepared by Adv. Commissioner Sri. S. Santhoshkumar.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiffs Court, Varkala
Common Reasons
Right of way obstruction
Case Code
Case between Hafsa vs Saboora Beevi regarding declaration of easement right by prescription
Case Code Year
Case between Hafsa vs Saboora Beevi regarding declaration of easement right by prescription