Case Summary
The case involves Shabna.K.P claiming prescriptive easement rights over a pathway from the defendants, Khadeejumma and others. The plaintiff asserts prior usage of the path for over 70 years, while the defendants contest the claim.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Easement by prescription over plaint C schedule property and a permanent prohibitory injunction.
Case Type
Original Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, granting declared easement rights over the contested pathway and imposing a permanent injunction against the defendants obstructing its use.
Why Plaintiff Won:
The plaintiffs convincingly proved their claim of prescriptive easement rights over the disputed pathway.
The plaintiffs convincingly proved their claim of prescriptive easement rights over the disputed pathway.
Losing Side's Weaknesses:
The plaintiffs convincingly proved their claim of prescriptive easement rights over the disputed pathway.
The plaintiffs convincingly proved their claim of prescriptive easement rights over the disputed pathway.
Supporting Evidence
The documentation and evidence presented by the plaintiffs corroborated their usage of the path and established their rights under the Indian Easements Act, thereby displacing the burden of proof onto the defendants.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. It is hereby declared that the plaintiffs are entitled for easement by prescription over plaint C schedule property. 2. The defendants are hereby restrained by an order of permanent prohibitory injunction from obstructing the user of plaint C schedule pathway by the plaintiffs as an access to plaint A schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Shabna.K.P
- Party Age
- 35
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Khadeejumma
- Party Age
- 76
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Koya
- Party Age
- 54
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Ayoob
- Party Age
- 50
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Ayishabi
- Party Age
- 49
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Saleem
- Party Age
- 48
- Relation
- S/o
Plaintiffs Documents
Registered Jenmam assignment deed No.2800/97, Registered Jenmam assignment deed No.2877/04, Lan Tax receipt, Possession certificate.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Bijesh.K
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.K.P..Mayan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Sreeraj.P.N
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Relief of easement by prescription over plaint C schedule property
Evidence:
It is hereby declared that the plaintiffs are entitled for easement by prescription over plaint C schedule property.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent prohibitory injunction from obstructing the user of plaint C schedule pathway
Evidence:
The defendants are hereby restrained by an order of permanent prohibitory injunction from obstructing the user of plaint C schedule pathway by the plaintiffs as an access to plaint A schedule property.
Documents & Evidence
Document Type:
Assignment Deed
Submitted By:
Plaintiff
Relevance:
Assignment deed of plaint A schedule property
Reference:
Ext.A1
Document Type:
Assignment Deed
Submitted By:
Plaintiff
Relevance:
Title deed of plaint A schedule property
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt issued to the plaintiff
Reference:
Ext.A3
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
Possession certificate issued to the plaintiff
Reference:
Ext.A4
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report identifying the disputed pathway
Reference:
C1 series
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Second commission report with sketches identifying the disputed pathway
Reference:
C2 series
Case Classification
Case Type
Original Suit
Category
Property and Possession Disputes
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Prescriptive easement
Case Code
Case between Shabna.K.P vs Khadeejumma et al regarding easement by prescription
Case Code Year
Case between Shabna.K.P vs Khadeejumma et al regarding easement by prescription