Case Summary
Somasundaran Nair is the plaintiff who seeks a declaration of right over a property and a permanent injunction against the defendants Mohanakumari and Neelakanda Pillai who prevented him from using a pathway. The case revolves around property rights and easements.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Declaration of right of easement for use of pathways B and C, and permanent injunction against obstruction.
Case Type
Civil Suit
Final Judgment
No
The plaintiff's right of easement was recognized, allowing him to use the pathways designated as B and C. The court prohibited the defendants from obstructing the plaintiff's access.
Why Plaintiff Won:
The plaintiff successfully demonstrated his right of easement by implied grant.
The plaintiff successfully demonstrated his right of easement by implied grant.
Losing Side's Weaknesses:
The plaintiff successfully demonstrated his right of easement by implied grant.
The plaintiff successfully demonstrated his right of easement by implied grant.
Supporting Evidence
The plaintiff is found to be having a right of easement by implied grant for use as a passage over the portions shown as B1 and B in Ext C3(a) sketch.
Judgment Evidence:
In the result, the suit is decreed in part as follows, Plaintiff is hereby declared to be entitled to use plaint B and C schedule properties depicted as B and B1 in Ext C3(a) sketch as a right of easement by implied grant for ingress and egress towards plaint A schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Somasundaran Nair
- Party Age
- 56
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mohanakumari
- Party Age
- 54
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Neelakanda Pillai
- Party Age
- 60
- Relation
- S/o
Plaintiffs Documents
Certified copy of the Sale deed no. 3662/12, Certified copy of the Exchange deed no. 5966/05, Agreement 30.03.07, Agreement 05.02.08, Certified copy of the Judgment in FAO(RO) no. 36/18.
Defendants Documents
Land Tax receipt bearing Tandapper no. 8288, True copy of the Survey sketch of Field no. 355 and 359, Property tax paid receipt bearing Tandapper no. 8288, Certified copy of the Exchange Deed no. 5966/05.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Dinesh R Shenoy
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Joseph George
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- M.K.Ravi
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Soumya T.S
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Abraham P George
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- M.K.Robin Raj
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Plaintiff is hereby declared to be entitled to use plaint B and C schedule properties as a right of easement by implied grant.
Evidence:
the plaintiff is found to be having a right of easement by implied grant for use as a passage over the portions shown as B1 and B in Ext C3(a) sketch
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants are restrained from obstructing the plaintiff and his agents from using the plaint B and C schedule properties.
Evidence:
Defendants, their men, agents and anybody claiming under them are hereby restrained from obstructing the plaintiff
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the Sale deed by which the plaintiff purchased the property.
Reference:
Ext.A1
Document Type:
Exchange Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the Exchange deed affecting the title ownership of the property.
Reference:
Ext.A2
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Agreement subject to objection.
Reference:
Ext.A3
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Agreement subject to objection.
Reference:
Ext.A4
Document Type:
Judgment
Submitted By:
Plaintiff
Relevance:
Certified copy of the Judgment in FAO(RO) no. 36/18 of the Hon’ble High Court of Kerala.
Reference:
Ext.A5
Document Type:
Land Tax Receipt
Submitted By:
Defendant
Relevance:
Land Tax receipt issued by Manakunnam village.
Reference:
Ext.B1
Document Type:
Survey Sketch
Submitted By:
Defendant
Relevance:
True copy of the Survey sketch of Field no. 355 and 359 issued by Revenue Authority.
Reference:
Ext.B2
Document Type:
Property Tax Receipt
Submitted By:
Defendant
Relevance:
Property tax paid receipt issued by Manakunnam village office.
Reference:
Ext.B3
Document Type:
Exchange Deed
Submitted By:
Defendant
Relevance:
Certified copy of the Exchange Deed affecting the title ownership.
Reference:
Ext.B4
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission Report filed by Adv. Mini K.A in IA 7633/12.
Reference:
Ext.C1
Document Type:
Sketch
Submitted By:
Court
Relevance:
Rough sketch related to the commission report.
Reference:
Ext.C1(a)
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission Report filed by Mini K.A in IA 3473/14.
Reference:
Ext.C2
Document Type:
Sketch
Submitted By:
Court
Relevance:
Sketch prepared by Taluk Surveyor.
Reference:
Ext.C2(a)
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission Report filed by Adv.Riyan Augustine Shaji in IA 2/23.
Reference:
Ext.C3
Document Type:
Sketch
Submitted By:
Court
Relevance:
Sketch prepared by Private Surveyor.
Reference:
Ext.C3(a)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Somasundaran Nair vs Mohanakumari, Neelakanda Pillai regarding declaration and permanent prohibitory injunction.
Case Code Year
Case between Somasundaran Nair vs Mohanakumari, Neelakanda Pillai regarding declaration and permanent prohibitory injunction.