Case Summary
The plaintiff Beena filed a suit against the defendants Jayan and Jayalekshmi for a declaration of her easement rights and to restrain them from interfering with her property. The case involves a property dispute where the defendants removed slabs from the plaintiff's property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Easement by grant right over the B and C schedule ways; defendants must reinstall the removed slabs.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, granting her easement rights and ordering the defendants to reinstall the slabs they removed.
Why Plaintiff Won:
The evidence presented by the plaintiff established her title and easement rights over the pathways.
The evidence presented by the plaintiff established her title and easement rights over the pathways.
Losing Side's Weaknesses:
The evidence presented by the plaintiff established her title and easement rights over the pathways.
The evidence presented by the plaintiff established her title and easement rights over the pathways.
Supporting Evidence
Ext. A1, copy of sale deed No.201/2010 of Anchalummoodu SRO and Ext. A2 Tax receipts shows that the plaintiff is the absolute owner in possession of plaint A schedule property.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: i. It is hereby declared that the plaintiff has easement by grant right over the B and C schedule ways.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Beena
- Party Age
- 51
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Jayan
- Party Age
- 46
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Jayalekshmi
- Party Age
- 22
- Relation
- D/o
Plaintiffs Documents
Copy of Sale Deed No. 201/2010 of Anchalummoodu S.R.O, Land Tax Receipt, Agreement.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Ajith.A.Khader
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Jasmine.M.
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sunil.C.S.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
It is hereby declared that the plaintiff has easement by grant right over the B and C schedule ways.
Evidence:
The plaintiff is entitled to get a decree as prayed for.
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
The defendants are directed to reinstall the slabs that they have wrongfully removed from the B schedule within 30 days.
Evidence:
The defendants are directed to reinstall the slabs that they have wrongfully removed from the B schedule within 30 days from today.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendants and their men are permanently restrained from trespassing into the plaint A schedule property.
Evidence:
The defendants and their men are permanently restrained from trespassing into the plaint A schedule property and from making any changes in the plaint B and C schedule pathways.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Copy of sale deed shows that the plaintiff is the absolute owner in possession of plaint A schedule property.
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Tax receipts confirm the plaintiff's ownership of the plaint A schedule property.
Reference:
Ext.A2
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Agreement between Rani and Kunjuraman Pillai proves the plaintiff’s claim that they have right of easement over the C schedule way.
Reference:
Ext.A3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
The commissioner prepared the report identifying the plaint schedule properties and confirmed the need to reinstall the slabs for access.
Reference:
Ext.C1 series
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Right of way obstruction
Case Code
Case between Beena vs Jayan et al regarding Declaration and Injunction
Case Code Year
Case between Beena vs Jayan et al regarding Declaration and Injunction