Case Summary
Plaintiff filed a suit seeking declaration of easement right to use a specific way to their property and a perpetual injunction against obstructing that right.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Declaration of easement right and perpetual injunction
Case Type
Civil Suit - Declaration and Injunction
Final Judgment
No
The court declared plaintiff's easement by prescription right and granted a perpetual injunction against defendants obstructing plaintiff's use of the way to the property.
Why Plaintiff Won:
The plaintiff presented cogent and reliable evidence to prove their case, which was uncontested as defendants remained ex parte.
The plaintiff presented cogent and reliable evidence to prove their case, which was uncontested as defendants remained ex parte.
Losing Side's Weaknesses:
The plaintiff presented cogent and reliable evidence to prove their case, which was uncontested as defendants remained ex parte.
The plaintiff presented cogent and reliable evidence to prove their case, which was uncontested as defendants remained ex parte.
Supporting Evidence
The plaintiff has adduced cogent and reliable evidence to prove her case.
Judgment Evidence:
It is hereby declared that the plaintiff has easement by prescription right to use the plaint B schedule property as way to the plaint A schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Ummu Salma
- Party Age
- 36
- Relation
- W/o Shahul Hameed
- Party Role
- Defendant
- Party Name
- Mayyeri Abdu
- Party Age
- 39
- Relation
- W/o Pattan @ Kunhimuhammed
- Party Role
- Defendant
- Party Name
- Safiya
- Party Age
- 45
- Relation
- D/o Pattan @ Kunhimuhammed
- Party Role
- Defendant
- Party Name
- Mayyeri Moideenkutty
- Party Age
- 30
- Relation
- S/o Pattan @ Kunhimuhammed
Plaintiffs Documents
Jenm Assignment Deed No. 1128/2008, Tax Receipt
Defendants Documents
Not available
Advocates
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Declaration of easement right to use the specific way to the property.
Evidence:
It is hereby declared that the plaintiff has easement by prescription right to use the plaint B schedule property as way to the plaint A schedule property.
Relief Type:
Injunction
Outcome:
Granted
Description:
Perpetual injunction restraining the defendants from obstructing the use of the way to the property.
Evidence:
The defendants and their men are restrained by a perpetual injunction from causing any obstruction to the plaintiff from using the plaint B schedule way to the plaint A schedule property.
Documents & Evidence
Document Type:
Jenm Assignment Deed
Submitted By:
Plaintiff
Relevance:
Document showing the ownership transfer of the property to the plaintiff's husband.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt evidencing payment for the property by the plaintiff's husband.
Reference:
Ext.A2
Document Type:
Commissioner's Report
Submitted By:
Court
Relevance:
Report detailing the existence and boundaries of the way to the plaintiff's property.
Reference:
Ext.C1
Document Type:
Plan
Submitted By:
Court
Relevance:
Sketch plan showing the route and boundaries of the plaintiff's way to the property.
Reference:
Ext.C2
Case Classification
Case Type
Civil Suit - Declaration and Injunction
Category
Injunction and Access Rights
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Easement right dispute
Case Code
Case between Ummu Salma vs Mayyeri Abdu et al regarding right of way
Case Code Year
Case between Ummu Salma vs Mayyeri Abdu et al regarding right of way