Case Summary
The plaintiffs, Sulochana and Kamalamma, filed a suit seeking a permanent prohibitory injunction against the defendant, Rajendran, to prevent obstruction of a pathway on their property. The defendant counterclaimed for a permanent prohibitory injunction against the plaintiffs, alleging wrongful actions.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant restrained from causing obstruction to the plaint schedule way and plaintiffs directed to remove trees situated on the plaint schedule way.
Case Type
Injunction
Final Judgment
No
The court ruled in favor of the plaintiffs, granting them a decree for permanent prohibitory injunction against the defendant and dismissing the counterclaim.
Why Plaintiff Won:
Plaintiffs established the right over the plaint schedule property and the potential threat to their right was clear.
Plaintiffs established the right over the plaint schedule property and the potential threat to their right was clear.
Losing Side's Weaknesses:
Plaintiffs established the right over the plaint schedule property and the potential threat to their right was clear.
Plaintiffs established the right over the plaint schedule property and the potential threat to their right was clear.
Supporting Evidence
The plaintiffs have obtained easement by grant over the Plaint schedule Pathway. The apprehension of the plaintiff is genuine.
Judgment Evidence:
In the result, the defendant and his men are hereby restrained from causing any obstruction to the plaint schedule way or causing any damage therein. Counter claim dismissed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sulochana
- Party Age
- 50
- Relation
- W/o Vijayan
- Party Role
- Plaintiff
- Party Name
- Kamalamma
- Party Age
- 54
- Relation
- D/o Tharankili
- Party Role
- Defendant
- Party Name
- Rajendran
- Party Age
- 50
Plaintiffs Documents
Partition Deed No. 5553/1999, Tax Receipt, Receipt issued from Kundara Grama Panchayath, Release Deed No. 2617
Defendants Documents
Sale Deed No. 205/2008, Tax Receipt
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.R.R.Sajeesh
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K.Velayudhan Pillai
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendant and his men are restrained from causing any obstruction to the plaint schedule way.
Evidence:
The defendant and his men are hereby restrained from causing any obstruction to the plaint schedule way or causing any damage therein.
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Plaintiffs are directed to remove trees situated on the plaint schedule way.
Evidence:
The plaintiffs are directed to remove trees situated on plaint schedule way.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendant is restrained from causing obstruction to remove trees situated on the plaint schedule way.
Evidence:
The defendant is restrained from causing any obstruction to remove the trees situated on the plaint schedule way.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to realise costs of the suit from the defendant.
Evidence:
Plaintiff is entitled to realise costs of the suit from the defendant.
Relief Type:
Other
Outcome:
Rejected
Description:
Counter claim of the defendant is dismissed.
Evidence:
Counter claim dismissed.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
The document establishes the 1st plaintiff's ownership and right over the plaint schedule property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Proves that the 1st plaintiff is paying land tax for the plaint schedule property.
Reference:
Ext.A2
Document Type:
Receipt from Panchayath
Submitted By:
Plaintiff
Relevance:
Shows a receipt issued by the local authority, relevant to the plaint schedule property.
Reference:
Ext.A3
Document Type:
Photoprint
Submitted By:
Plaintiff
Relevance:
Marked subject to proof, related to the plaint schedule.
Reference:
Ext.A4
Document Type:
Release deed
Submitted By:
Plaintiff
Relevance:
Indicates prior rights affecting the defendant's property, relevant to the counterclaim.
Reference:
Ext.A5
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Establishes the defendant's ownership of the counter-claim B schedule property.
Reference:
Ext.B1
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
Proves that the defendant is paying land tax for the counter-claim property.
Reference:
Ext.B2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Identifies the pathway and conditions relevant to both plaintiffs and defendants.
Reference:
Ext.C1
Document Type:
Mahazar
Submitted By:
Court
Relevance:
Documents the observations made during the commission regarding the disputes.
Reference:
Ext.C1(a)
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Illustrates the pathway conditions critical to the case.
Reference:
Ext.C1(b)
Case Classification
Case Type
Injunction
Category
Eviction and Rent Control
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Easement by grant
Case Code
Case between Sulochana et al vs Rajendran regarding Injunction
Case Code Year
Case between Sulochana et al vs Rajendran regarding Injunction