Case Summary
This case involves John Biju, who claims a right of easement over a pathway used for access to his property. The defendants, Sindhya Nelson and others, attempted to obstruct this access, prompting the plaintiff to seek legal protection.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The court declared the plaintiff's easement right and restrained the defendants from obstruction.
Case Type
Civil Suit
Final Judgment
No
The court has granted the plaintiff the right of easement over the disputed pathway and has restrained the defendants from obstructing it.
Why Plaintiff Won:
The plaintiffs successfully proved their continuous use of the pathway for over 100 years.
The plaintiffs successfully proved their continuous use of the pathway for over 100 years.
Losing Side's Weaknesses:
The plaintiffs successfully proved their continuous use of the pathway for over 100 years.
The plaintiffs successfully proved their continuous use of the pathway for over 100 years.
Supporting Evidence
By producing Exts. A1 to A3, C1 series and by deposing in tune with the plaint averments in the affidavit, the plaintiffs have succeeded in proving their case. Moreover, there is no evidence to rebut the evidence adduced on the side of the plaintiffs.
Judgment Evidence:
In the result, this suit is decreed in part as follows: (I) It is hereby declared that the plaintiff has right of easement by prescription over the plaint D schedule pathway. (ii) The defendants are hereby restrained from committing any sort of obstruction or nuisance in the plaint D schedule pathway.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- John Biju
- Party Age
- 50
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Agnes John
- Party Age
- 26
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Sindhya Nelson
- Party Age
- 35
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Henry
- Party Age
- 65
- Party Role
- Defendant
- Party Name
- Nirmala
- Party Age
- 60
- Relation
- W/o
Plaintiffs Documents
Copy of sale deed No.1252/1994, Copy of settlement deed No.54/2020, Copy of land tax receipt
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Panambil S. Jayakumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Jayachandran Tilak B
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
It is hereby declared that the plaintiff has right of easement by prescription over the plaint D schedule pathway.
Evidence:
In the result, this suit is decreed in part as follows: (I) It is hereby declared that the plaintiff has right of easement by prescription over the plaint D schedule pathway.
Relief Type:
Injunction
Outcome:
Granted
Description:
The defendants are hereby restrained from committing any sort of obstruction or nuisance in the plaint D schedule pathway.
Evidence:
In the result, this suit is decreed in part as follows: (ii) The defendants are hereby restrained from committing any sort of obstruction or nuisance in the plaint D schedule pathway.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff is entitled to realise the costs of the suit from the defendants.
Evidence:
In the result, this suit is decreed in part as follows: (iii) The plaintiff is entitled to realise the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Copy of sale deed No. 1252/1994 dated 24/03/1994.
Reference:
Ext.A1
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Copy of settlement deed No.54/2020 dated 07/01/2020.
Reference:
Ext.A2
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Copy of land tax receipt dated 09/05/2025 issued from Perayam Village office.
Reference:
Ext.A3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report prepared by Advocate Commissioner Shainin Mol.M.
Reference:
Ext.C1
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Easement by prescription
Case Code
Case between John Biju vs Sindhya Nelson et al regarding declaration and injunction
Case Code Year
Case between John Biju vs Sindhya Nelson et al regarding declaration and injunction