Case Summary
Jalaja, the plaintiff, is seeking a declaration of her easement right over a pathway and a permanent injunction against Vijaya Kumar and Sheena, who are the defendants, to prevent them from obstructing her access. The defendants are contending that no such right exists.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Right of easement by prescription over the B schedule pathway.
Case Type
Civil Suit
Final Judgment
No
The court declared that Jalaja has a right of easement by prescription over the B schedule pathway, and restrained the defendants from obstructing her access or constructing any pillars or gate at the C schedule pathway.
Why Plaintiff Won:
The plaintiff established continuous, open, and peaceful use of the pathway for over forty years.
The plaintiff established continuous, open, and peaceful use of the pathway for over forty years.
Losing Side's Weaknesses:
The plaintiff established continuous, open, and peaceful use of the pathway for over forty years.
The plaintiff established continuous, open, and peaceful use of the pathway for over forty years.
Supporting Evidence
The plaintiff and her predecessors have been in continuous, open and peaceful use of the B schedule pathway as of right for over four decades. The existence of the B schedule pathway has been corroborated by witnesses.
Judgment Evidence:
In the result, 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. 2) 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 by obstructing the B schedule way and from committing any waste therein.
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 copy of Sale Deed No. 2634/1985, Certified copy of Sale Deed No. 1817/1975, Land Tax Receipt, Certified copy of Sale Deed No. 4558/07.
Defendants Documents
Certified copy of Sale Deed No. 336/2001, Certified copy of Sale Deed No. 1356/2013.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Mathew Johnson
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- P.Deepaa
- 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
- Assisting Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
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 prohbition against defendants from obstructing the B schedule pathway or constructing any pillars or gate at the entrance of the 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.
Relief Type:
Injunction
Outcome:
Refused
Description:
Permanent prohibitory injunction sought by the defendants in OS No. 1159/2015 against the plaintiff.
Evidence:
Accordingly, Issue No’s 1 to 3 in OS No. 1159/2015 are found against the defendants/p laintiffs in OS 1159/2015.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale Deed No. 2634/1985 establishes 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 is a prior document related to the ownership of the plaint A schedule property.
Reference:
Ext.A2
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Land Tax Receipt supports the claim of ongoing ownership and maintenance of plaint A schedule property.
Reference:
Ext.A3
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale Deed No. 4558/07 provides further documentation of property transactions related to the plaintiff's claims.
Reference:
Ext.A4
Document Type:
Plaint
Submitted By:
Plaintiff
Relevance:
Copy of plaint in OS. 1159/2015 documents the plaintiff's claims for relief.
Reference:
Ext.A5
Document Type:
Photographs
Submitted By:
Plaintiff
Relevance:
Photographs serve as evidence supporting the plaintiff's claims regarding the property and pathways.
Reference:
Ext.A6 Series
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Certified copy of Sale Deed No. 336/2001 establishes ownership claims by the defendants.
Reference:
Ext.B1
Document Type:
Land Tax Receipt
Submitted By:
Defendant
Relevance:
Land Tax Receipt supports the defendants' ownership and rights to the property.
Reference:
Ext.B2
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Certified copy of Sale Deed No. 1356/2013 is relevant to the widening of the pathway.
Reference:
Ext.B3
Document Type:
Land Tax Receipt
Submitted By:
Defendant
Relevance:
Land Tax Receipt provides evidence of ownership and property maintenance by the defendants.
Reference:
Ext.B4
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Photocopy of Sale Deed No. 4543/03 serves as additional documentation regarding property ownership (subject to proof).
Reference:
Ext.B5
Document Type:
Photographs
Submitted By:
Defendant
Relevance:
Photographs support the defendants' case regarding the use of the property.
Reference:
Ext.B6
Document Type:
Survey Plan
Submitted By:
Defendant
Relevance:
Photocopy of Survey Plan provides layout and boundaries pertinent to the case.
Reference:
Ext.B7
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report and mahazar prepared by Advocate Commissioner describes the pathways.
Reference:
Ext.C1 Series
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report prepared by Advocate Commissioner assesses the pathways and property boundaries.
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 by prescription
Case Code
OS.NO.
Case Code Year
2015