Case Summary
The plaintiff, Jayasree.P, sought recovery of possession and easement rights over a property against the defendants, Sreekumar R. and others. The case arose from a dispute over ownership and access rights to land previously owned by the plaintiff's family.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the suit, ruling that the plaintiff failed to establish her claims regarding possession and easement rights over the disputed property.
Key Reasoning:
The plaintiff did not substantiate her continuous possession or easementary rights over the property as claimed.
The plaintiff did not substantiate her continuous possession or easementary rights over the property as claimed.
Why Defendant Won:
The plaintiff did not substantiate her continuous possession or easementary rights over the property as claimed.
The plaintiff did not substantiate her continuous possession or easementary rights over the property as claimed.
Supporting Evidence
The plaintiff has failed to establish the essential elements necessary to sustain her claim.
Judgment Evidence:
In the result; the suit is dismissed. No costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Jayasree.P
- Party Age
- 59
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Sreekumar R.
- Party Age
- 31
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Lathakumari. P
- Party Age
- 53
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Padmavathy Amma
- Party Age
- 70
- Relation
- D/o
Plaintiffs Documents
Certified copy of settlement Deed No.1167/1991, Certified copy of settlement Deed No.3185/1979, Certified copy of settlement deed No.1249/2020, Plan
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. K. Bijulal
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt.Ajitha V.K. Nair
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Abhilash Vijay. R
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Refused
Description:
Decree for recovery of possession of plaint ‘A’ schedule property from the 1st defendant.
Evidence:
the plaintiff is not entitled to get the suit decreed in her favour.
Relief Type:
Declaration
Outcome:
Refused
Description:
Declaration of right of easement by prescription over plaint ‘D’ schedule pathway.
Evidence:
the plaintiff is not entitled to seek relief of an easement as prayed for.
Relief Type:
Declaration
Outcome:
Refused
Description:
Declaration of right of easement by necessity over plaint ‘D’ schedule pathway.
Evidence:
the plaintiff is not entitled to seek relief of an easement as prayed for.
Relief Type:
Cancellation
Outcome:
Refused
Description:
Setting aside the document No.1249/2020 dated 03/09/2020 as null and void.
Evidence:
the claim for cancellation or declaration of Ext.A3 as null and void cannot succeed.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of settlement deed No.1167/1991, relevant to the transfer of property.
Reference:
Ext.A1
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of settlement deed No.3185/1979, relevant to the ownership of property.
Reference:
Ext.A2
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of settlement deed No.1249/2020, sought to be invalidated by the plaintiff.
Reference:
Ext.A3
Document Type:
Plan
Submitted By:
Plaintiff
Relevance:
Plan related to the property, marked for clarification.
Reference:
Ext.A4
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report prepared by advocate relevant to the property in dispute.
Reference:
Ext.C1
Document Type:
Photograph
Submitted By:
Court
Relevance:
Photographic evidence relevant to the commission report.
Reference:
Ext.C1(a)
Document Type:
Photograph
Submitted By:
Court
Relevance:
Photographic evidence relevant to the commission report.
Reference:
Ext.C1(b)
Document Type:
Photograph
Submitted By:
Court
Relevance:
Photographic evidence relevant to the commission report.
Reference:
Ext.C1(c)
Document Type:
Photograph
Submitted By:
Court
Relevance:
Photographic evidence relevant to the commission report.
Reference:
Ext.C1(d)
Document Type:
Photograph
Submitted By:
Court
Relevance:
Photographic evidence relevant to the commission report.
Reference:
Ext.C1(e)
Document Type:
Photograph
Submitted By:
Court
Relevance:
Photographic evidence relevant to the commission report.
Reference:
Ext.C1(f)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
OS.NO.
Case Code Year
2022