Case Summary
This case involves Radha, who claims a right of easement over pathways against defendant Rajappan. The plaintiff contends that the defendant is encroaching on her property and obstructing her access to the Panchayat road.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Right of easement over plaint schedule item No.3 and 4 property, injunction against encroachment.
Case Type
Civil Suit
Final Judgment
No
The court partly decreed the suit, declaring the plaintiff's right of easement and restraining the defendant from encroaching on the claimed pathways.
Why Plaintiff Won:
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The court found from the unchallenged evidence that the plaintiff is entitled to get mandatory injunction as prayed for.
Judgment Evidence:
In the result, suit partly decreed with costs as follows: a. It is hereby declared that the plaintiff has got right of easement by prescription over plaint schedule item No.3 and 4 property from the Panchayat road.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Radha
- Party Age
- 62
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Rajappan
- Party Age
- 67
- Relation
- S/o
Plaintiffs Documents
Certified copy of Gift deed No.1902/1994, Land Tax receipt No. KL05050105277/2023, Certified copy of Sale deed No.921/1999, Land Tax receipt No. KL05050105278/2023, Certificate of purchase of Kudikidappu Pattayam No. 1260 reference No. OA 3747/70.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P.K. Muraleedharan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Suresh Babu
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Declaration of right of easement over plaint schedule item No.3 and 4 from the Panchayat road.
Evidence:
It is hereby declared that the plaintiff has got right of easement by prescription over plaint schedule item No.3 and 4 property from the Panchayat road.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent prohibitory injunction restraining the defendants from encroaching on the plaintiff's property.
Evidence:
The defendants and their men are restrained by an order of permanent prohibitory injunction from encroaching into the plaint schedule item No. 3 and 4 causing any obstruction therein and from altering the pathway or its boundaries and or committing any waste therein.
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Mandatory injunction directing removal of encroachment on item No.4 pathway.
Evidence:
The defendants are directed to remove the partial encroachment made in item No.4 pathway by removing construction made with granite stone on the eastern side of item No.4 along north-south direction.
Documents & Evidence
Document Type:
Gift Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Gift deed No.1902/1994 establishing ownership of part of the property.
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt supporting the plaintiff's claim of ownership.
Reference:
Ext.A2
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale deed No.921/1999 establishing ownership of the remaining property.
Reference:
Ext.A3
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt supporting the claim of ownership.
Reference:
Ext.A4
Document Type:
Certificate of Purchase
Submitted By:
Plaintiff
Relevance:
Certificate documenting the plaintiff's claim as a Kudikidappukar for the property.
Reference:
Ext.A5
Document Type:
Urgent Commission report
Submitted By:
Court
Relevance:
Commission report filed to assess property encroachment.
Reference:
Ext.C1
Document Type:
Survey Commission Report
Submitted By:
Court
Relevance:
Survey report evaluating the property boundaries.
Reference:
Ext.C2
Document Type:
Survey Plan
Submitted By:
Court
Relevance:
Plan showing the measurements and boundaries related to the property.
Reference:
Ext.C2(a)
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 Radha vs Rajappan regarding declaration, permanent prohibitory injunction and mandatory injunction.
Case Code Year
Case between Radha vs Rajappan regarding declaration, permanent prohibitory injunction and mandatory injunction.