Case Summary
Jemsheena filed a suit seeking an injunction against Raheem and others who allegedly obstructed her access to a way leading to her property. The defendants contended that no such way existed and sought to dismiss the suit.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court found that the way claimed by the plaintiff does not exist, and consequently, the plaintiff has no sustainable cause of action. The suit was dismissed without cost.
Key Reasoning:
The plaintiff could not prove the existence of the path described in the plaint.
The plaintiff could not prove the existence of the path described in the plaint.
Why Defendant Won:
The plaintiff could not prove the existence of the path described in the plaint.
The plaintiff could not prove the existence of the path described in the plaint.
Supporting Evidence
The plaint B schedule way as described in the plaint is not in existence. The plaintiff cannot claim a right of easement by prescription over the alleged plaint B schedule way.
Judgment Evidence:
In the result, the suit is dismissed without cost.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Jemsheena
- Party Age
- 27
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Raheem
- Party Age
- 25
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sayyid Koya @ Muthu
- Party Age
- 22
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Kadeeja @ Kajjeevi
- Party Age
- 58
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Asya
- Party Age
- 50
- Relation
- D/o
Plaintiffs Documents
Certified copy of Gift Deed dated 16-2-2015, Building Tax Receipt dated 13-9-2001, Building Tax Receipt dated 6-3-2014
Defendants Documents
Certified copy of plaint in OS 61/2015, Munsiff Court, Tirur
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. C.Nandakumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt.Lilly Krishnan
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. T. R. Vijayan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Injunction
Outcome:
Refused
Description:
Request for a perpetual injunction to prevent the defendants from obstructing the B schedule way.
Evidence:
Therefore, she is not entitled to get any relief, as prayed for.
Relief Type:
Mandatory Injunction
Outcome:
Refused
Description:
Request for mandatory injunction against the defendants regarding the use of the B schedule way.
Evidence:
Therefore, she is not entitled to get any relief, as prayed for.
Documents & Evidence
Document Type:
Gift Deed
Submitted By:
Plaintiff
Relevance:
Document proving ownership of the plaint A schedule property.
Reference:
Ext.A1
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt supporting the plaintiff's claim regarding the property.
Reference:
Ext.A2
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt supporting the plaintiff's claim regarding the property.
Reference:
Ext.A3
Document Type:
Plaint in OS 61/2015
Submitted By:
Defendant
Relevance:
Document related to the defendant's claims and prior litigation concerning property.
Reference:
Ext.B1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Court's report regarding the commissioner's findings on the property.
Reference:
Ext.C1
Document Type:
Commission Plan
Submitted By:
Court
Relevance:
Court plan illustrating the details of the commissioner's inspection.
Reference:
Ext.C2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Court's report regarding further findings from the commissioner's inspection.
Reference:
Ext.C3
Document Type:
Commission Plans
Submitted By:
Court
Relevance:
Plans submitted by the commissioner related to property use.
Reference:
Ext.C4
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commissioner's findings regarding obstruction on the property.
Reference:
Ext.C5
Document Type:
Commission Plans
Submitted By:
Court
Relevance:
Plans submitted depicting the state of the property as per the commissioner's observations.
Reference:
Ext.C6
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Unauthorized occupation
Case Code
Case between Jemsheena vs Raheem et al regarding injunction
Case Code Year
Case between Jemsheena vs Raheem et al regarding injunction