Case Summary
Chellappan and Ninu are plaintiffs seeking a declaration of easement rights over a property against defendants Santhamma and others. The case involves the use of a pathway for accessing their property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Right of easement by grant over item No.4 property and permanent prohibitory injunction.
Case Type
Civil Suit
Final Judgment
No
The court granted the plaintiffs right of easement over the property in question, restraining the defendants from causing obstruction. The defendants in counter-claim were restrained from entering specific area.
Why Plaintiff Won:
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The plaintiffs have succeeded in establishing the identity of the item No.4 property and they are entitled to get a declaration of easement by grant over it.
Judgment Evidence:
In the result, O.S No. 88/18 is decreed with costs...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Chellappan
- Party Age
- 65
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Ninu
- Party Age
- 31
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Santhamma
- Party Age
- 60
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Arun
- Party Age
- 32
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Amal
- Party Age
- 25
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Surendran
- Party Age
- 55
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Ashik
- Party Age
- 25
- Relation
- S/o
Plaintiffs Documents
Certified copy of Joint right release deed No.27/02 of Thalayolaparambu SRO, Land Tax Receipt No. 534967 issued from Village Office Vadayar
Defendants Documents
Partition deed No 654/1992 of Thalayolaparambu SRO, Land Tax Receipt No. 4046982 issued from Vadayar Village Office
Advocates
- Party Role
- Plaintiff
- Advocate Name
- D.Subhash Chandran
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sreeji.K.B.
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- R.Gaganan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K.Krishnakumar
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Malu Johnson
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
It is hereby declared that plaintiffs have right of easement by grant over item No.4 property having an extent of length 41.65 meter and width 2.60 - 3.40 as stated in Ext.C2(a) plan
Evidence:
In the result, O.S No. 88/18 is decreed with costs as follows: It is hereby declared that plaintiffs have right of easement by grant over item No.4 property having an extent of length 41.65 meter and width 2.60 - 3.40 as stated in Ext.C2(a) plan.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent prohibitory injunction restraining the defendants from causing obstruction to the plaintiffs of their peaceful use and enjoyment of item No.4, closing down the same and from shortening its width
Evidence:
In the result, O.S No. 88/18 is decreed with costs as follows: ... for permanent prohibitory injunction restraining the defendants from causing obstruction to the plaintiffs of their peaceful use and enjoyment of item No.4.
Relief Type:
Permanent Injunction
Outcome:
Partly Granted
Description:
Permanent prohibitory injunction restraining the plaintiffs and men under them from entering into item No.2
Evidence:
In the result, O.S No. 109/17 is partly decreed with costs as follows: ... The plaintiffs and men under them are restrained by an order of permanent prohibitory injunction from entering into item No.2.
Documents & Evidence
Document Type:
Title deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Joint right release deed No. 27/02 of Thalayolaparambu SRO
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Land Tax Receipt No. 534967 issued from Village Office Vadayar
Reference:
Ext.A2
Document Type:
Partition Deed
Submitted By:
Defendant
Relevance:
Partition deed No 654/1992 of Thalayolaparambu SRO
Reference:
Ext.B1
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
Land Tax Receipt No. 4046982 issued from Vadayar Village Office
Reference:
Ext.B2
Document Type:
Urgent Commission report
Submitted By:
Court
Relevance:
Urgent Commission Report filed by Adv. K.K.Kavitha
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Rough Sketch prepared by Adv.Commissioner is attached along with commission report
Reference:
Ext.C1(a)
Document Type:
Survey Commission Report
Submitted By:
Court
Relevance:
Survey commission report filed by Adv.Manaph.A
Reference:
Ext.C2
Document Type:
Survey Plan
Submitted By:
Court
Relevance:
Survey Plan prepared by Surveyor K.D.Sabu is attached along with commission report
Reference:
Ext.C2(a)
Document Type:
Urgent Commission report
Submitted By:
Court
Relevance:
Urgent commission report filed by Adv.M.Mahesh
Reference:
Ext.C3
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Rough Sketch prepared by Adv.Commissioner is attached along with commission report
Reference:
Ext.C3(a)
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Common Reasons
Easement by grant
Case Code
Case between Chellappan vs Santha regarding easement by declaration and permanent prohibitory injunction
Case Code Year
Case between Chellappan vs Santha regarding easement by declaration and permanent prohibitory injunction