Case Summary
Sujatha filed a suit against Chandrashekharan Pillai regarding the right of easement over a pathway used for accessing her properties. The plaintiff claims a long-standing use of the pathway and seeks an injunction against the defendant's attempts to block it.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
A permanent prohibitory injunction is granted in favour of the plaintiff.
Case Type
Original Suit
Final Judgment
No
The court declared that the plaintiff has obtained an easement right by prescription over the pathway and granted a permanent prohibitory injunction against the defendant, preventing him from obstructing the pathway.
Why Plaintiff Won:
The plaintiff established her easement right over the pathway through unchallenged evidence.
The plaintiff established her easement right over the pathway through unchallenged evidence.
Losing Side's Weaknesses:
The plaintiff established her easement right over the pathway through unchallenged evidence.
The plaintiff established her easement right over the pathway through unchallenged 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:
Declaration of 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:
Permanent prohibitory injunction restraining defendant from constructing boundary wall on plaint C schedule 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 establishing ownership of properties.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed establishing ownership of properties.
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Property tax receipt indicating tax compliance related to the property.
Reference:
Ext.A3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report related to the easement right case.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Rough sketch prepared by Advocate Commissioner depicting property layout.
Reference:
Ext.C1(a)
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.