Case Summary
The plaintiffs, including P.K.Vijayan's legal representatives, are seeking a declaration of easement over a pathway claimed to be obstructed by the defendants K.P Remanan and Usha. The case revolves around the right of passage and usage of the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
A right of easement of necessity and a permanent prohibitory injunction against the defendants.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiffs, granting them a right of easement over the claimed pathway, and issued a permanent injunction against the defendants from obstructing this access.
Why Plaintiff Won:
The plaintiffs successfully proved their claim for easement by necessity, demonstrating continuous use and lack of alternative access.
The plaintiffs successfully proved their claim for easement by necessity, demonstrating continuous use and lack of alternative access.
Losing Side's Weaknesses:
The plaintiffs successfully proved their claim for easement by necessity, demonstrating continuous use and lack of alternative access.
The plaintiffs successfully proved their claim for easement by necessity, demonstrating continuous use and lack of alternative access.
Supporting Evidence
The court found that the plaintiffs had established a prima facie case for easement by necessity, emphasizing the lack of alternative routes and the continuous use of the pathway.
Judgment Evidence:
In the result the suit is decreed as follows. 1. A right of easement of necessity of the plaintiffs to travel and transport over the plaint schedule item No:3 pathway is hereby declared. 2. The defendants and the men under them are restrained by a decree of permanent prohibitory injunction from destroying the boundary of item No:1, forcefully obtaining possession of any portion of it, causing obstructions to the traffic through item No:3 pathway, otherwise destroy the said way, its lie and nature and to cause any damage or waste in it.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- P.K.Vijayan
- Party Age
- 65
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Geethu Vijayan
- Party Age
- 30
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- K.C.Kunjoonjamma
- Party Age
- 51
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Neethu Vijayan
- Party Age
- 29
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Seethu Vijayan
- Party Age
- 28
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- K.P Remanan
- Party Age
- 53
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Usha
- Party Age
- 48
- Relation
- W/o
Plaintiffs Documents
Certified copy of Sale deed No.3119/2004, Certified copy of Sale deed No.3118/2004, Original Sale deed No.1572/1997, Tax receipt issued by Village office, Vadayar, Investigation report prepared by Village officer, Vadayar.
Defendants Documents
Site Plan prepared by the Village officer Vadayar, Mahazar prepared by the Village officer Vadayar, Tax receipt issued by the Village office, Vadayar, Survey Plan prepared by Village officer Vadayar, Reply letter No.21/24/RTI issued by Village office, Vadayar.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- B.Biju
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Johny K Manippadam
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
A right of easement of necessity of the plaintiffs to travel and transport over the plaint schedule item No:3 pathway.
Evidence:
In the light of the above mentioned discussion, this Court comes to the finding that there is an existing item No.3 path-way as claimed by the plaintiffs.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendants and the men under them are restrained from destroying the boundary of item No:1, forcefully obtaining possession of any portion of it, causing obstructions to the traffic through item No:3 path-way.
Evidence:
The defendants and the men under them are restrained by a decree of permanent prohibitory injunction from destroying the boundary of item No:1, forcefully obtaining possession of any portion of it.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale deed No.3119/2004 of SRO Thalayolaparambu indicating ownership.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale deed No.3118/2004 of SRO Thalayolaparambu indicating ownership.
Reference:
Ext.A2
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Original Sale deed No. 1572/1997 of SRO Thalayolaparambu showing prior ownership.
Reference:
Ext.A3
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt issued by Village office, Vadayar, demonstrating tax payment for the property.
Reference:
Ext.A4
Document Type:
Investigation Report
Submitted By:
Plaintiff
Relevance:
Investigation report prepared by Village officer, Vadayar, supporting claim of obstruction.
Reference:
Ext.A5
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt issued by Village office, Vadayar, as evidence of ownership.
Reference:
Ext.A6
Document Type:
Site Plan
Submitted By:
Defendant
Relevance:
Site Plan prepared by the Village officer Vadayar for the defendants' property.
Reference:
Ext.B1
Document Type:
Mahazar
Submitted By:
Defendant
Relevance:
Mahazar prepared by the Village officer Vadayar relating to the site plan.
Reference:
Ext.B1(a)
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
Tax receipt issued by the Village office, Vadayar for the defendants' property.
Reference:
Ext.B2
Document Type:
Survey Plan
Submitted By:
Defendant
Relevance:
Survey Plan prepared by Village officer Vadayar supporting the defendants' position.
Reference:
Ext.B3
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
Tax receipt issued by the Village office, Vadayar.
Reference:
Ext.B4
Document Type:
Reply letter
Submitted By:
Defendant
Relevance:
Reply letter issued by Village office, Vadayar.
Reference:
Ext.B5
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report filed by Adv. Commissioner A. Manaph regarding property inspection.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Rough sketch along with the commission report showing property boundaries.
Reference:
Ext.C1(a)
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Second commission report filed by Adv. Commissioner A. Manaph regarding property inspection.
Reference:
Ext.C2
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Common Reasons
Right of way obstruction
Case Code
Case between P.K.Vijayan et al vs K.P Remanan et al regarding declaration and permanent prohibitory injunction.
Case Code Year
Case between P.K.Vijayan et al vs K.P Remanan et al regarding declaration and permanent prohibitory injunction.