Case Summary
Sujatha is the plaintiff claiming easement rights over a pathway to her property against Chandrashekharan Pillai. The plaintiff alleges that the defendant attempted to obstruct her access to the pathway, prompting her to file this suit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
A permanent prohibitory injunction is granted in favour of the plaintiff restraining the defendant from constructing a boundary wall to obstruct the pathway.
Case Type
Original Suit
Final Judgment
No
The court ruled in favor of the plaintiff, declaring her easement rights and issuing a permanent prohibitory injunction against the defendant restraining further obstruction.
Why Plaintiff Won:
The plaintiff established her easement rights through uncontested evidence.
The plaintiff established her easement rights through uncontested evidence.
Losing Side's Weaknesses:
The plaintiff established her easement rights through uncontested evidence.
The plaintiff established her easement rights through uncontested evidence.
Supporting Evidence
Through the unchallenged oral and documentary evidence, the plaintiff has established that she is entitled to get a decree declaring that plaintiff has got easement right over plaint C schedule pathway.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. It is hereby declared that plaintiff has got easement right by prescription over plaint C schedule pathway. 2. A permanent prohibitory injunction is granted in favour of the plaintiff and the defendant is restrained from constructing boundary wall by encroaching into plaint C schedule pathway which will obstruct the ingress and egress of plaintiff through plaint C schedule pathway.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sujatha
- Party Age
- 65
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Chandrashekharan Pillai @ Mohanan
- Party Age
- 64
- Relation
- S/o
Plaintiffs Documents
Certified copy of Sale Deed No. 1039/1974, Certified copy of Sale Deed No. 788/1979, Property Tax Receipt dated 18.11.2020.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Vilabhagom S. Radhakrishnan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Plaintiff has got easement right by prescription over plaint C schedule pathway.
Evidence:
It is hereby declared that plaintiff has got easement right by prescription over plaint C schedule pathway.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
A permanent prohibitory injunction is granted to restrain the defendant from constructing a boundary wall on the pathway.
Evidence:
A permanent prohibitory injunction is granted in favour of the plaintiff and the defendant is restrained from constructing boundary wall by encroaching into plaint C schedule pathway.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed No. 1039/1974 of Kavalayoor S.R.O.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed No. 788/1979 of Kavalayoor S.R.O.
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Property tax receipt dated 18.11.2020.
Reference:
Ext.A3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report prepared by Advocate Commissioner Smt. Gargi G.S.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Rough sketch prepared by Advocate Commissioner Smt. Gargi G.S.
Reference:
Ext.C1(a)
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
The plaintiff was examined as PW1.
Reference:
Case Classification
Case Type
Original Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiffs Court, Varkala
Common Reasons
Case Code
Case between Sujatha vs Chandrashekharan Pillai @ Mohanan regarding declaration of easement right by prescription and permanent prohibitory injunction.
Case Code Year
Case between Sujatha vs Chandrashekharan Pillai @ Mohanan regarding declaration of easement right by prescription and permanent prohibitory injunction.