Case Summary
Benson Jose, the plaintiff, is seeking a permanent prohibitory injunction against defendant Paul Pious for obstructing his right to draw a sewage line and for causing nuisance by playing football on his terrace. The plaintiff claims ownership and uninterrupted use of the pathway since 1996.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff established his right to use the pathway and the defendant's obstruction was unchallenged.
The plaintiff established his right to use the pathway and the defendant's obstruction was unchallenged.
Judgment Evidence:
In the result, suit is decreed on the following terms. 1) Defendant is restrained by a permanent prohibitory injunction from obstructing plaintiff from drawing sewage line through B schedule pathway. 2) Defendant is restrained by a permanent prohibitory injunction from playing football in the terrace portion of his without taking proper precaution to prevent football from falling into plaint A and B schedule properties and from causing damage to plaint A schedule property. 3) Defendant is directed to pay costs of the suit to plaintiff.
Parties Involved
Plaintiffs
Benson Jose (55 years)
Kayinikatt House, Chittoor Desom, Cheranelloor Village, South Chittoor.P.O., Ernakulam District, Pin – 682 022
Defendants
Paul Pious (55 years)
Kunnappilly House, H.M.C.A. Road, South Chittoor.P.O., Ernakulam District, Pin – 682 027
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendant is restrained from obstructing plaintiff from drawing sewage line through B schedule pathway.
Evidence:
Defendant is restrained by a permanent prohibitory injunction from obstructing plaintiff from drawing sewage line through B schedule pathway.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendant is restrained from playing football in the terrace portion without taking proper precaution.
Evidence:
Defendant is restrained by a permanent prohibitory injunction from playing football in the terrace portion of his without taking proper precaution.
Relief Type:
Other
Outcome:
Granted
Description:
Defendant is directed to pay costs of the suit to plaintiff.
Evidence:
Defendant is directed to pay costs of the suit to plaintiff.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed No.655/1996 of Ernakulam SRO shows that plaintiff is the absolute owner of plaint A schedule property with a pathway.
Reference:
Ext.A1
Document Type:
Other Document
Submitted By:
Plaintiff
Relevance:
Shows that plaintiff has mutated plaint A schedule property in his name.
Reference:
Ext.A2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report shows the lie and nature of plaint A and B schedule properties and the property of defendant.
Reference:
Ext.C1
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
Unchallenged oral evidence of plaintiff supports the right to draw sewage line through plaint B schedule property.
Reference: