Case Summary
This suit involves Rejula Beevi, who is claiming a prescriptive easement over a pathway against her siblings, who are the defendants. The plaintiff argues that she has used the pathway openly and continuously for ingress and egress to her property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Right over the B schedule pathway by way of easement by prescription.
Case Type
Civil Suit
Final Judgment
No
The court declared that the plaintiff has the right over the B schedule pathway by way of easement by prescription and granted a permanent prohibitory injunction against the defendants from obstructing the pathway.
Why Plaintiff Won:
The plaintiff proved her continuous and open use of the pathway for the statutory period required to establish an easement.
The plaintiff proved her continuous and open use of the pathway for the statutory period required to establish an easement.
Losing Side's Weaknesses:
The plaintiff proved her continuous and open use of the pathway for the statutory period required to establish an easement.
The plaintiff proved her continuous and open use of the pathway for the statutory period required to establish an easement.
Supporting Evidence
The plaintiff successfully demonstrated her continuous and peaceful enjoyment of the pathway for over twenty years, establishing her claim to a prescriptive easement.
Judgment Evidence:
In the result, the suit is decreed with costs. It is hereby declared that the plaintiff has the right over the plaint B schedule pathway by way of easement by prescription. The defendants and their agents are restrained from blocking the B schedule pathway or altering the present nature and condition or do any act which is detrimental to the plaintiff and her men in enjoying and using B schedule pathway for their ingress and egress to the plaint A schedule property from the nearby Panchayath road.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Rejula Beevi @ Rejula
- Party Age
- 40
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Shihabudeen
- Party Age
- 49
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Muhammed Yakub
- Party Age
- 42
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Seeth
- Party Age
- 47
- Relation
- S/o
Plaintiffs Documents
Certified copy of Sale Deed No.2359/1990, Tax Receipt, Certified copy of Sale Deed No.3534/1995, Certified copy of Sale Deed No.1522/1998, Certified copy of Judgment in OS 397/16 of Prl.Munsiff Court, Kollam.
Defendants Documents
Certified copy of plaint in OS 826/2012 before the Sub.Court, Kollam, Certified copy of Judgment in OS 828/12, Certified copy of Judgment in AS No. 173/2016 of the Addl.District Judge-IV, Kollam, Certified copy of EP No.20/20 of the Sub.Court, Kollam.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- M.I.Alexandar Panicker
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- KANNANALLOOR S. ABDUL KARIM
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
The plaintiff seeks a declaration of easement by prescription over the B schedule pathway.
Evidence:
It is hereby declared that the plaintiff has the right over the plaint B schedule pathway by way of easement by prescription.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The plaintiff requests a permanent prohibitory injunction restraining the defendants from obstructing the B schedule pathway.
Evidence:
The defendants and their agents are restrained from blocking the B schedule pathway or altering the present nature and condition.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover the costs of the suit from the defendants.
Evidence:
The plaintiff is entitled to realise the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
This document establishes the plaintiff's ownership and possession of the plaint A schedule property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
This document shows that the plaintiff is paying land tax for the plaint A schedule property.
Reference:
Ext.A2
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
This document relates to the property purchased by the plaintiff's father, which is relevant for establishing access to the pathway.
Reference:
Ext.A3
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
This document mentions a pathway related to the property and is pertinent to the plaintiff's claims.
Reference:
Ext.A4
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
This document supports the claim of ownership concerning the B schedule pathway.
Reference:
Ext.A5
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This report contains observations related to the plaint B schedule property and supports the plaintiff's claims.
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
Declaration of easement by prescription
Case Code
Case between Rejula Beevi @ Rejula vs Shihabudeen et al regarding declaration of easement by prescription and permanent prohibitory injunction.
Case Code Year
Case between Rejula Beevi @ Rejula vs Shihabudeen et al regarding declaration of easement by prescription and permanent prohibitory injunction.