Case Summary
Maniparambil Narayanan, the plaintiff, filed a suit against his brother Maniparambil Ayyappan, the defendant, seeking a perpetual injunction to restrain the defendant from obstructing the use of a path and from taking water from a well situated on the defendant's property. The plaintiff claims rights to use both the path and the well as easements.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction restraining the defendant from causing obstruction to the user of the way and from taking water from the well.
Case Type
Injunction
Final Judgment
No
Why Plaintiff Won:
The plaintiff established his right of easement by grant and prescription according to the documents presented.
The plaintiff established his right of easement by grant and prescription according to the documents presented.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: The defendant and his men are restrained, by way of permanent prohibitory injunction, from causing any obstruction to the user of the way having an extent of 1.20 meter on extreme southern side of the defendant's property by the plaintiff and also restrained from taking water from the Well in the defendant's property by the plaintiff.
Parties Involved
Plaintiffs
Maniparambil Narayanan (66 years)
Kanmanam amsom, desom and post, Tirur Taluk, 676 556
Defendants
Maniparambil Ayyappan (75 years)
Kanmanam amsom, desom and post, Tirur Taluk, 676 556
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Plaintiff is granted a permanent prohibitory injunction restraining the defendant from causing obstruction to the user of the way.
Evidence:
Therefore, I hold a view that plaintiff has cause of action for filing the suit. Thus, the plaintiff is entitled to get a perpetual injunction restraining the defendant from causing any obstruction to user of the way having an extent of 1.20 meter on extreme southern side of the defendant's property.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendant is restrained from constructing a wall or fencing that would block the plaintiff's right of way.
Evidence:
The defendant and his men are further restrained, by way of permanent prohibitory injunction, from constructing wall or fencing on his property in order to block the above way.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to recover costs of the suit from the defendant.
Evidence:
So, the plaintiff is entitled to realise the cost of the suit from the defendant.
Documents & Evidence
Document Type:
Jenm Assignment Deed
Submitted By:
Plaintiff
Relevance:
Used to establish the plaintiff's ownership and right over the A schedule property.
Reference:
Ext.A1
Document Type:
Jenm Assignment Deed
Submitted By:
Plaintiff
Relevance:
Establishes the stipulation for the property assigned to the defendant and claims regarding the right of way.
Reference:
Ext.A2
Document Type:
Jenm Assignment Deed
Submitted By:
Plaintiff
Relevance:
Shows the original ownership of the A and B schedule properties.
Reference:
Ext.A3
Document Type:
Jenm Assignment Deed
Submitted By:
Defendant
Relevance:
Presented by the defendant to dispute the existence and usability of the B schedule way.
Reference:
Ext.B1 to B9
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Provided findings and observations about the properties and the existence of the way claimed by the plaintiff.
Reference:
Ext.C1 to C6