Case Summary
The plaintiffs, Pushparajan and Sreedevi, are involved in a dispute with the defendants, who are relatives, over a well located on the A schedule property. The plaintiffs claim an easement right over the well, which they have used for over 20 years, while the defendants contest the validity of this claim.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Right over the plaint C schedule well by way of easement by prescription and preventing obstruction by the defendants.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiffs, granting them the right to use the well as an easement by prescription and prohibiting the defendants from causing obstruction.
Why Plaintiff Won:
Plaintiffs successfully established their claim of easement by prescription over the well.
Plaintiffs successfully established their claim of easement by prescription over the well.
Losing Side's Weaknesses:
Plaintiffs successfully established their claim of easement by prescription over the well.
Plaintiffs successfully established their claim of easement by prescription over the well.
Supporting Evidence
The plaintiffs have established that there is a potential threat against them, and that the defendants are under a legal obligation to not disturb the plaintiff from using the C schedule well.
Judgment Evidence:
In the result, the suit is decreed as follows: (i) It is hereby declared that the plaintiffs have the right over the plaint C schedule well by way of easement by prescription. (ii) The defendants and their agents are restrained from causing any obstruction to the plaintiffs prescriptive right of easement over plaint C schedule well.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Pushparajan
- Party Age
- 57
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Sreedevi
- Party Age
- 49
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Sreeraj.P.S.
- Party Age
- 34
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Sreejith.P.S
- Party Age
- 29
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sarasamma
- Party Age
- 76
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Seethasagaran
- Party Age
- 54
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Suresh Babu Rajan
- Party Age
- 50
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sunil Kumar
- Party Age
- 45
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sugunan
- Party Age
- 47
- Relation
- S/o
Plaintiffs Documents
Settlement Deed No.729/1/18 dated 26-04-2018, Settlement Deed No.237/1/2018 dated 07-02-2018.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Adv.Radhakrishnan S
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv.John George
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Declaration that the plaintiffs have the right over the plaint C schedule well by way of easement by prescription.
Evidence:
In the result, the suit is decreed as follows: (i) It is hereby declared that the plaintiffs have the right over the plaint C schedule well by way of easement by prescription.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Restraining the defendants and their agents from causing any obstruction to the plaintiffs' prescriptive right of easement over plaint C schedule well.
Evidence:
In the result, the suit is decreed as follows: (ii) The defendants and their agents are restrained from causing any obstruction to the plaintiffs prescriptive right of easement over plaint C schedule well.
Relief Type:
Other
Outcome:
Granted
Description:
Entitled to realize the costs of the suit from the defendants.
Evidence:
In the result, the suit is decreed as follows: (iii) The plaintiffs are entitled to realize the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Document relating to the gift deed executed by the 1st defendant in favor of defendants 2 to 7, which the plaintiffs claim is void.
Reference:
Ext.A1
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Document confirming the ownership of plaint B schedule property by the 2nd plaintiff.
Reference:
Ext.A2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Report detailing the situation of the well and the properties involved in the case.
Reference:
Ext.C1
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Fraud in execution of deed
Case Code
Case between Pushparajan et al vs Sarasamma et al regarding declaration and permanent prohibitory injunction.
Case Code Year
Case between Pushparajan et al vs Sarasamma et al regarding declaration and permanent prohibitory injunction.