Case Summary
The plaintiffs are seeking a declaration of easement rights over a disputed road they have used for access to their property for over 75 years. The defendants obstructed this access, prompting the plaintiffs to file the suit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendants are directed to remove the obstructions and gate constructed on plaint B schedule property.
Case Type
Civil Suit
Final Judgment
No
The court held in favor of the plaintiffs, declaring their right to easement over the disputed property and ordering the defendants to remove any obstructions.
Why Plaintiff Won:
The plaintiffs successfully proved their prescriptive easement rights over the property.
The plaintiffs successfully proved their prescriptive easement rights over the property.
Losing Side's Weaknesses:
The plaintiffs successfully proved their prescriptive easement rights over the property.
The plaintiffs successfully proved their prescriptive easement rights over the property.
Supporting Evidence
The plaintiffs could convincingly prove that they had perfected their claim of prescriptive easement over plaint B schedule property.
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 B schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Vimala
- Party Age
- 79
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Shaju
- Party Age
- 56
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Sheri
- Party Age
- 54
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Shelli
- Party Age
- 52
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Santha
- Party Age
- 64
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Shynu
- Party Age
- 44
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sajeesh
- Party Age
- 38
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sanala
- Party Age
- 36
- Relation
- D/o
Plaintiffs Documents
Partition deed No.1987/1960, Settlement deed No.47/1988, Acknowledgment receipt of petition from Kakkur Police Station, Complaints to Kakkur Village Officer.
Defendants Documents
Certified copy of verum pattam assignment deed No.3065/1945, Partition deed No.1700/1968, Jenmam assignment deed No.1764/1996.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.E.M.Vijayan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt.K.Lakshmi
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Declaration of easement by prescription over plaint B schedule property.
Evidence:
As the plaintiffs could prove their prescriptive right of easement over plaint B schedule property.
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Directing the defendants to remove the obstructions and the gate constructed in the plaint B schedule property.
Evidence:
The defendants are hereby directed by way of a mandatory injunction to remove the obstructions and the gate constructed.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Restraining the defendants from obstructing the user of plaint B schedule property by the plaintiffs.
Evidence:
The defendants are hereby restrained by an order of permanent prohibitory injunction from obstructing the user of plaint B schedule property.
Relief Type:
Costs
Outcome:
Granted
Description:
Entitlement to realize the costs of the suit from the defendants.
Evidence:
The plaintiffs are entitled to realise the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
This document establishes the ownership of the property originally belonging to Balan as per the partition deed.
Reference:
Ext.A1
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
This document shows that Balan settled the plaint A schedule Thak 1 in favour of the first plaintiff.
Reference:
Ext.A2
Document Type:
Acknowledgment Receipt
Submitted By:
Plaintiff
Relevance:
This document is an acknowledgment received by the plaintiffs from Kakkoor Police station when they complained against the defendants alleging blockade of the disputed pathway.
Reference:
Ext.A3
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
This document is a copy of the complaint filed by Shery.M.V. to the Kakkoor Police Station regarding obstruction of access.
Reference:
Ext.A4
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
This document is a copy of a similar complaint filed by the 3rd plaintiff to the Kakkoor Village Officer, supporting the claim of obstruction.
Reference:
Ext.A5
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
This tax receipt establishes that the land belongs to Vimala, linking her to the property in question.
Reference:
Ext.A6
Document Type:
RTI Reply
Submitted By:
Plaintiff
Relevance:
This document shows the Local body’s acknowledgment of obstruction by the defendants and supports the plaintiffs' claim of continuous use.
Reference:
Ext.A7
Document Type:
Verum pattam assignment deed
Submitted By:
Defendant
Relevance:
This document establishes a historical claim regarding the property from the defendants' side.
Reference:
Ext.B1
Document Type:
Partition Deed
Submitted By:
Defendant
Relevance:
This document relates to the partition deed from the defendants' perspective concerning the property.
Reference:
Ext.B2
Document Type:
Jenmam assignment deed
Submitted By:
Defendant
Relevance:
This document provides further evidence of the defendants' historical claim over the property in question.
Reference:
Ext.B3
Document Type:
Jenmam assignment deed
Submitted By:
Defendant
Relevance:
This deed adds to the historical claim of land ownership by the defendants.
Reference:
Ext.B4
Document Type:
Release deed
Submitted By:
Defendant
Relevance:
This release deed pertains to a transfer of interests that affects the property dispute.
Reference:
Ext.B5
Document Type:
Thandaper Account
Submitted By:
Defendant
Relevance:
This document relates to the property and is part of the defendants' evidence.
Reference:
Ext.B6
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This report details the findings of the Advocate Commissioner regarding the pathway in dispute.
Reference:
Ext.C1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This report contains additional findings from a subsequent inspection by the Advocate Commissioner.
Reference:
Ext.C2
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Easement right
Case Code
Case between Vimala et al vs Santha et al regarding declaration of easement right and consequential injunction
Case Code Year
Case between Vimala et al vs Santha et al regarding declaration of easement right and consequential injunction