Case Summary
Somarajan. P filed a suit against Remani and others for declaration of easement by grant and mandatory injunction. The dispute arose when the defendants blocked the plaintiff’s access to his property by constructing a wall.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff has right of easement by grant over the plaint C schedule pathway and the defendants are restrained from making obstructions.
Case Type
Civil Suit
Final Judgment
No
The suit was decreed in part, granting the plaintiff rights of easement over the C schedule pathway and permanently restraining the defendants from obstructing its use.
Why Plaintiff Won:
The plaintiff proved his right of way over the C schedule pathway, which was obstructed by the defendants.
The plaintiff proved his right of way over the C schedule pathway, which was obstructed by the defendants.
Losing Side's Weaknesses:
The plaintiff proved his right of way over the C schedule pathway, which was obstructed by the defendants.
The plaintiff proved his right of way over the C schedule pathway, which was obstructed by the defendants.
Supporting Evidence
The evidence of PW1 coupled with Ext. A1 would prove the right of the plaintiff over the A schedule property and the C schedule way.
Judgment Evidence:
In the result, suit is decreed in part as follows: 1. It is declared that the plaintiff has right of easement by grant over the plaint C schedule pathway.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Somarajan. P
- Party Age
- 75
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Remani
- Party Age
- 58
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Binu
- Party Age
- 39
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Dileesh Raj
- Party Age
- 37
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Dinesh Raj
- Party Age
- 32
- Relation
- S/o
Plaintiffs Documents
Partition deed No. 919/1980.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- R. Geetha
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- V. Sugathan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
It is declared that the plaintiff has right of easement by grant over the plaint C schedule pathway.
Evidence:
In the result, suit is decreed in part as follows: It is declared that the plaintiff has right of easement by grant over the plaint C schedule pathway.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendants and their men are permanently restrained from making any obstructions to use and enjoyment of the plaint C schedule way by the plaintiff and his men.
Evidence:
It is declared that the plaintiff has right of easement by grant over the plaint C schedule pathway.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is also entitled to realise the costs of the suit from the defendants.
Evidence:
Plaintiff is also entitled to realise the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Partition Deed No. 919/1980 shows that the plaintiff is the owner in possession of plaint A schedule property and he obtained a right of way over the plaint C schedule.
Reference:
Ext.A1
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
Case between Somarajan. P vs Remani et al regarding declaration of easement by grant and injunction.
Case Code Year
Case between Somarajan. P vs Remani et al regarding declaration of easement by grant and injunction.