Case Summary
The plaintiff, Abida Beevi, seeks a declaration of easement by grant and permanent injunction against the defendants who are her legal heirs. The case involves a dispute over a pathway used by the plaintiff to access her property which the defendants attempted to obstruct.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Declaration of easement and permanent injunction against obstructing the pathway.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff by declaring her right of easement over the pathway and permanently restraining the defendants from obstructing its use. The defendants are also ordered to pay the costs of the suit.
Why Plaintiff Won:
The evidence of the plaintiff coupled with unchallenged pleadings supported her claim of easement rights.
The evidence of the plaintiff coupled with unchallenged pleadings supported her claim of easement rights.
Losing Side's Weaknesses:
The evidence of the plaintiff coupled with unchallenged pleadings supported her claim of easement rights.
The evidence of the plaintiff coupled with unchallenged pleadings supported her claim of easement rights.
Supporting Evidence
The evidence of PW1 coupled with Ext. A1 to A4 and C1 series would prove the case of the plaintiff. Pleadings and evidence of the plaintiff remains unchallenged. Hence the plaintiff is entitled to the decree as sought for.
Judgment Evidence:
In the result, suit is decreed as follows: 1. It is declared that the plaintiff has right of easement by grant over the plaint C schedule pathway having a width of 70 cm. 2. The defendants and their men are permanently restrained from making any obstructions to use and enjoyment of the plaint C schedule way by the plaintiff and from committing any waste or mischief therein.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Abida Beevi
- Party Age
- 60
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Noushar
- Party Age
- 50
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Noufal
- Party Age
- 42
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Navas
- Party Age
- 47
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Nazeera
- Party Age
- 44
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Shahida
- Party Age
- 48
- Relation
- W/o
Plaintiffs Documents
Sale Deed No. 260/1982, Settlement Deed No. 350/2018, Settlement Deed No. 439/2018, Land Tax Receipt dated 11/07/2024.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- V. Vinayachandran
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants are permanently restrained from obstructing the plaintiff's use of the C schedule pathway.
Evidence:
The defendants and their men are permanently restrained from making any obstructions to use and enjoyment of the plaint C schedule way by the plaintiff and from committing any waste or mischief therein.
Relief Type:
Declaration
Outcome:
Granted
Description:
Plaintiff's right of easement by grant over the C schedule pathway is declared.
Evidence:
It is declared that the plaintiff has right of easement by grant over the plaint C schedule pathway having a width of 70 cm.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Original Sale deed No. 260/1982 of Eravipuram SRO establishes plaintiff's ownership and easement rights.
Reference:
Ext.A1
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Settlement deed No. 350/2018 indicates ongoing rights related to property ownership.
Reference:
Ext.A2
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Settlement deed No. 439/2018 documents transfer of property ownership to plaintiff's son while reserving rights.
Reference:
Ext.A3
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Land Tax receipt supports the plaintiff's claim of property ownership.
Reference:
Ext.A4
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report identifies and confirms the pathways and property boundaries.
Reference:
Ext.C1 series
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Right of way obstruction
Case Code
Case between Abida Beevi vs Noushar et al regarding injunction and easement by grant.
Case Code Year
Case between Abida Beevi vs Noushar et al regarding injunction and easement by grant.