Case Summary
The plaintiffs, Jalaja and Rahila Beevi, are seeking a permanent prohibitory injunction against the defendants, Sujatha and Sanil Kumar, regarding a pathway they claim is essential for access to their properties. The defendants are accused of attempting to encroach upon this pathway.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is restrained from encroaching the way mentioned as per Ext.A1 or A2.
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiffs and decreed the suit in part, restraining the defendants from encroaching on the pathway and awarding costs to the plaintiffs.
Why Plaintiff Won:
Plaintiffs established that the defendant had unlawfully threatened their use of the pathway.
Plaintiffs established that the defendant had unlawfully threatened their use of the pathway.
Losing Side's Weaknesses:
Plaintiffs established that the defendant had unlawfully threatened their use of the pathway.
Plaintiffs established that the defendant had unlawfully threatened their use of the pathway.
Supporting Evidence
The plaintiffs have a right over the C schedule way. According to Section 34 of Specific Relief Act, any person entitled to any legal character, or to any right in any property, has the right to institute a suit against any person denying his title or right.
Judgment Evidence:
The suit is decreed in part. (i) The defendant is restrained from encroaching the way mentioned as per Ext.A1 or A2 and also restrained from committing any waste therein.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Jalaja
- Party Age
- 44
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Rahila Beevi
- Party Age
- 46
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Sujatha
- Party Age
- 48
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Sanil Kumar
- Party Age
- 42
- Relation
- S/o
Plaintiffs Documents
Sale deed No.352/1997, Sale deed No.353/1997, Tax receipts.
Defendants Documents
Tax receipt.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- G.S.Arun Kumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- G. Subha
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendant is restrained from encroaching on the way as mentioned in Ext.A1 or A2.
Evidence:
In the result, the suit is decreed in part. (i) The defendant is restrained from encroach the way mentioned as per Ext.A1 or A2 and also restrained from committed any waste therein.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiffs are entitled to realise costs of the suit from the defendants.
Evidence:
The plaintiffs are entitled to realise costs of the suit from the defendants.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Original Sale deed No.352/1997 establishing plaintiff's right over the pathway.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Original Sale deed No.353/1997 establishing plaintiff's right over the pathway.
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt supporting plaintiff's claim for property.
Reference:
Ext.A3
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt supporting plaintiff's claim for property.
Reference:
Ext.A4
Document Type:
Photograph
Submitted By:
Plaintiff
Relevance:
Photograph submitted as evidence (subject to proof).
Reference:
Ext.A5
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
Tax receipt submitted by the defendant.
Reference:
Ext.B1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report prepared by Adv. Commissioner identifying the pathway.
Reference:
Ext.C1
Document Type:
Mahazar
Submitted By:
Court
Relevance:
Mahazar prepared by the Adv Commissioner.
Reference:
Ext.C1(a)
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Rough Sketch related to the commission report.
Reference:
Ext.C1(b)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
Case between Jalaja vs Sujatha regarding permanent prohibitory injunction.
Case Code Year
Case between Jalaja vs Sujatha regarding permanent prohibitory injunction.