Case Summary
Plaintiff Prasad filed suit against defendant Ganesan for setting out a way through defendant's property as an easement of necessity and seeking a perpetual injunction against obstructing the use of the way to access plaintiff's property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Setting out a 10 feet way as easement of necessity and perpetual injunction
Case Type
Civil Suit - Injunction
Final Judgment
No
Why Plaintiff Won:
The plaintiff successfully proved his entitlement to an easement of necessity through the defendant's property and demonstrated the defendant's obstruction to the way, resulting in the court granting the relief.
The plaintiff successfully proved his entitlement to an easement of necessity through the defendant's property and demonstrated the defendant's obstruction to the way, resulting in the court granting the relief.
Judgment Evidence:
In the result, the suit is decreed as follows:- 1. The plaintiff is allowed to set out a way having a width of 10 feet through the defendant's property to the plaint A schedule property as easement of necessity. 2.The defendant and his men are restrained by a perpetual injunction causing obstruction to the user of the way to be set out to the plaint A schedule property. 3. The plaintiff is entitled to realise the cost of the suit from the defendant.
Parties Involved
Plaintiffs
Prasad (51 years)
Kelanchery Velayudhan Master, Chennara amsom, Tirur Taluk
Defendants
Ganesan (50 years)
Kelanchery Velayudhan Master, Chennara amsom, Tirur Taluk
Reliefs
Relief Type:
Injunction
Outcome:
Granted
Description:
Setting out a 10 feet way as easement of necessity and perpetual injunction
Evidence:
Since the way available to the property covered by Ext. A1 Will is having 10 feet, the plaintiff is also entitled to get a way having 10 feet width to his property. Therefore, the plaintiff is entitled to set out a way having a width of 10 feet to the plaint A schedule property through the defendant's property.
Documents & Evidence
Document Type:
Will Deed Copy
Submitted By:
Plaintiff
Relevance:
Showed ownership and possession details
Reference:
A1
Document Type:
Land Assignment Deed Copy
Submitted By:
Plaintiff
Relevance:
Provided additional property details
Reference:
A2
Document Type:
Commissioner's Report
Submitted By:
Court
Relevance:
Documented inspection results of the properties
Reference:
C1
Document Type:
Sketch Plan
Submitted By:
Court
Relevance:
Illustrated property layout
Reference:
C2