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
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.
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
Plaintiffs
Somasundaran Nair (56 years years)
Revathi house, Udayamperoor Desom, Manakunnam village, Ernakulam District
Defendants
Mohanakumari (54 years years)
Chakala Madam-Thuruthiyil house, Udayamperoor Desom, Manakunnam village, Ernakulam District
Neelakanda Pillai (60 years years)
Chakala Madam-Thuruthiyil house, Udayamperoor Desom, Manakunnam village, Ernakulam District
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)