Case Summary
The plaintiff, Jalaja, is seeking to declare her easement right to use a pathway for accessing her property and to restrain the defendants from obstructing it. The defendants, Vijaya Kumar and Sheena, have countered the claim, denying the existence of such a pathway.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendants and their agents are restrained from causing any obstruction over the B schedule way or constructing any pillars or gate at the entrance of the C schedule pathway.
Case Type
Civil Suit
Final Judgment
No
The court has declared that the plaintiff has a right of easement by prescription over the B schedule pathway and has restrained the defendants from obstructing this pathway.
Why Plaintiff Won:
The plaintiff established her right of easement by prescription over the B schedule pathway.
The plaintiff established her right of easement by prescription over the B schedule pathway.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The existence of the B schedule pathway has been corroborated by testimonies and reports, demonstrating that the plaintiff and her predecessors have used it continuously for over forty years.
Judgment Evidence:
In the result, OS 1159/2015 is dismissed and OS 1162/2015 is decreed with costs as follows: 1) It is declared that the plaintiff has right of easement by prescription over the plaint B schedule way in OS 1162/2015.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Jalaja
- Party Age
- 51
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Vijaya Kumar
- Party Age
- 50
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sheena
- Party Age
- 40
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Vijayan
- Party Age
- 59
- Relation
- S/o
Plaintiffs Documents
Certified copies of Sale Deed No. 2634/1985, Sale Deed No. 1817/1975, Land Tax Receipt, Sale Deed No. 4558/07, plaint in OS. 1159/2015, Photographs (3 Nos.)
Defendants Documents
Certified copy of Sale Deed No. 336/2001, Land Tax Receipt, Certified copy of Sale Deed No. 1356/2013, Land Tax Receipt, Photocopy of Sale Deed No. 4543/03 (Subject to Proof), Photographs (10 Nos.) and CD (1), Photocopy of Survey Plan.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Mathew Johnson
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- P.Deepak
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Resmy.S.
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Varghese Jan Yesudas
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Declaration of the plaintiff's right of easement by prescription over the B schedule pathway.
Evidence:
It is declared that the plaintiff has right of easement by prescription over the plaint B schedule way in OS 1162/2015.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent injunction restraining the defendants from obstructing the B schedule way or constructing on C schedule pathway.
Evidence:
The defendants and their agents are restrained from causing any obstruction over the B schedule way or constructing any pillars or gate at the entrance of the C schedule pathway.
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Defendants sought a permanent injunction to restrain plaintiff from interfering with B schedule pathway.
Evidence:
The plaintiffs in OS No. 1159/2015 are not entitled to get a permanent prohibitory injunction restraining the defendants.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale Deed No. 2634/1985 supporting the ownership of the plaint A schedule property.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale Deed No. 1817/1975 used to demonstrate the ownership history of the property.
Reference:
Ext.A2
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Land Tax Receipt evidencing payment by the plaintiff indicating possession.
Reference:
Ext.A3
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale Deed No. 4558/07 supporting the property transactions.
Reference:
Ext.A4
Document Type:
Plaint
Submitted By:
Plaintiff
Relevance:
Copy of plaint in OS. 1159/2015 filed to seek relief against obstruction.
Reference:
Ext.A5
Document Type:
Photographs
Submitted By:
Plaintiff
Relevance:
Photographs evidencing the current state and access of the pathways.
Reference:
Ext.A6 Series
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Certified copy of Sale Deed No. 336/2001 used to support the defendants' claim over the property.
Reference:
Ext.B1
Document Type:
Land Tax Receipt
Submitted By:
Defendant
Relevance:
Land Tax Receipt evidencing payment related to the defendants' property.
Reference:
Ext.B2
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Certified copy of Sale Deed No. 1356/2013 related to the pathway improvement.
Reference:
Ext.B3
Document Type:
Land Tax Receipt
Submitted By:
Defendant
Relevance:
Land Tax Receipt evidencing payment by the defendant.
Reference:
Ext.B4
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Photocopy of Sale Deed No. 4543/03 to demonstrate claim.
Reference:
Ext.B5
Document Type:
Photographs
Submitted By:
Defendant
Relevance:
Photographs supporting the defendants' claims.
Reference:
Ext.B6
Document Type:
Survey Plan
Submitted By:
Defendant
Relevance:
Photocopy of Survey Plan demonstrating property boundaries.
Reference:
Ext.B7
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report and Mahazar prepared indicating the status of pathways.
Reference:
Ext.C1 Series
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report and Mahazar prepared for OS No. 1159/2015 detailing the pathways.
Reference:
Ext.C2 Series
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Easement rights
Case Code
Case between Jalaja vs Vijaya Kumar et al regarding declaration and injunction
Case Code Year
Case between Jalaja vs Vijaya Kumar et al regarding declaration and injunction