Case Summary
Plaintiff C.V.Peter seeks declaration of prescriptive easement and permanent prohibitory injunction against defendants Alias George, Palliyan, and Krishnankutty. The case revolves around a pathway used by the plaintiff to access his property through the defendants' properties.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff proved continuous, open, and peaceable use of the pathway giving rise to an easement by prescription.
The plaintiff proved continuous, open, and peaceable use of the pathway giving rise to an easement by prescription.
Judgment Evidence:
The suit is decreed granting plaintiff the right of easement in D Schedule way.
Parties Involved
Plaintiffs
C.V.Peter (63 years years)
Chennekkattu House, Kolenchery Post, Peringol Kara, Aikkaranadu North Village, Kunnathunadu Taluk, Pin:682311
Others (Age not specified years)
Defendants
Alias George (37 years years)
Irumbayil House, Kolenchery Post, Peringol Kara, Aikkaranadu North Village, Kunnathunadu Taluk, Pin:682311
Palliyan (75 years years)
Kattaprayimolath House, Kolenchery Post, Peringol Kara, Aikkaranadu North Village, Kunnathunadu Taluk, Pin:682311
Krishnankutty (42 years years)
Kattaprayimolath House, Kolenchery Post, Peringol Kara, Aikkaranadu North Village, Kunnathunadu Taluk, Pin:682311
Others (Age not specified years)
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Declaration of prescriptive easement
Evidence:
The court recognizes plaintiff's easementary right
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent prohibitory injunction to prevent obstruction
Evidence:
Defendants are restrained from creating obstructions on pathway
Documents & Evidence
Document Type:
Certified Copy of Settlement Deed
Submitted By:
Plaintiff
Relevance:
Submitted as evidence of plaintiff's ownership of property
Reference:
Ext.A1
Document Type:
Copy of Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Submitted as evidence of payment of land tax
Reference:
Ext.A2
Document Type:
Certified copy of the Settlement Deed
Submitted By:
Plaintiff
Relevance:
Not mentioned
Reference:
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Report submitted by advocate commissioner
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Sketch submitted by advocate commissioner
Reference:
Ext.C1(a)
Document Type:
Witness Testimony
Submitted By:
Plaintiff
Relevance:
Witness testimony of C.V.Peter S/o Varkey
Reference:
PW1
Document Type:
Witness Testimony
Submitted By:
Plaintiff
Relevance:
Witness testimony of Bijeesh Krishnan S/o K.V.Krishnankutty
Reference:
PW2
Document Type:
Witness Testimony
Submitted By:
Plaintiff
Relevance:
Witness testimony of Ayyappankutty P S/o Cheria
Reference:
PW3
Document Type:
Witness Testimony
Submitted By:
Plaintiff
Relevance:
Witness testimony of M.N.Thankappan S/o Narayanan
Reference:
PW4
Document Type:
Witness Testimony
Submitted By:
Defendant
Relevance:
Witness testimony of Aliyas George S/o George
Reference:
DW1
Document Type:
Witness Testimony
Submitted By:
Defendant
Relevance:
Witness testimony of Deena Deepak
Reference:
DW2
Document Type:
Witness Testimony
Submitted By:
Defendant
Relevance:
Witness testimony of Asha Jayakumar
Reference:
DW3