Case Summary
The plaintiff Seena, aged 44, is seeking a declaration of her easement rights over a pathway obstructed by the defendant Thankamma, aged 54. The case involves claims of ownership and obstruction regarding a schedule property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Declaration of prescriptive easement right over the B schedule property and injunction against obstruction.
Case Type
Civil Suit
Final Judgment
No
The court declared the plaintiff's right of prescriptive easement over the pathway and restrained the defendant from obstructing its use. The suit was decreed in favor of the plaintiff.
Why Plaintiff Won:
The plaintiff has established ownership and continuous, open, and peaceful enjoyment of the pathway for the last 50 years.
The plaintiff has established ownership and continuous, open, and peaceful enjoyment of the pathway for the last 50 years.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The plaintiff claims right of easement by way of prescription through plaint B scheduled pathway, and has established she and her predecessors have used it continuously and peacefully for the last 50 years.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: 1) It is declared that the right of prescriptive easement right over the plaint B schedule property in favour of plaintiff. 2) The defendant is restrained from obstructing the plaintiff from using the B schedule property as a way.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Seena
- Party Age
- 44
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Thankamma
- Party Age
- 54
- Relation
- W/o
Plaintiffs Documents
Certified copy of settlement deed No.3041/2017, Certified copy of settlement deed No.3310/2017, Tax receipt dated 13/10/2017, Tax receipt dated 27/12/2017, Copy of patta L.A.No.179/68.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. A.Gopalakrishnan Nair
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Deepak Twinkle Sanal
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Declaration of prescriptive easement right over plaint B schedule property in favor of plaintiff.
Evidence:
It is declared that the right of prescriptive easement right over the plaint B schedule property in favour of plaintiff.
Relief Type:
Injunction
Outcome:
Granted
Description:
Perpetual injunction restraining the defendant from obstructing the plaintiff from using plaint B schedule property as a way.
Evidence:
The defendant is restrained from obstructing the plaintiff from using the B schedule property as a way.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of settlement deed No.3041/2017 which establishes the plaintiff's ownership.
Reference:
Ext.A1
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of settlement deed No.3310/2017 in favor of the plaintiff confirming her ownership.
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt dated 13/10/2017 pertinent to the plaint A schedule property.
Reference:
Ext.A3
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt dated 27/12/2017 relevant to the plaint A schedule property.
Reference:
Ext.A4
Document Type:
Patta
Submitted By:
Plaintiff
Relevance:
Copy of patta L.A.No.179/68 showing property rights.
Reference:
Ext.A5
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report detailing the presence and condition of the plaint B schedule pathway.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Rough sketch related to the commission report marking the pathways.
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
Right of way obstruction
Case Code
Case between Seena vs Thankamma regarding declaration and for injunction.
Case Code Year
Case between Seena vs Thankamma regarding declaration and for injunction.