Case Summary
Valsala Purushothaman Pillai is the plaintiff seeking a declaration for the shifting of a pathway that is affecting her property. The defendants, including Mohanan, contest the claims regarding their easement rights over said pathway.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the plaintiff's suit, stating that she is not entitled to the reliefs sought as per the plaintiff's claims regarding the shifting of the pathway.
Key Reasoning:
The plaintiff failed to prove her entitlement to the reliefs sought.
The plaintiff failed to prove her entitlement to the reliefs sought.
Why Defendant Won:
The plaintiff failed to prove her entitlement to the reliefs sought.
The plaintiff failed to prove her entitlement to the reliefs sought.
Supporting Evidence
The plaintiff is not entitled for the reliefs as sought for in the plaint.
Judgment Evidence:
In the result, suit is dismissed. No costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Valsala Purushothaman Pillai
- Party Age
- 67
- Relation
- W/o Nanchanatt Pillai Purushothaman Pillai
- Party Role
- Defendant
- Party Name
- Mohanan
- Party Age
- 63
- Relation
- S/o krishnan
- Party Role
- Defendant
- Party Name
- Rajamma
- Party Age
- 59
- Relation
- W/o Mohanan
- Party Role
- Defendant
- Party Name
- Sajith
- Party Age
- 35
- Relation
- S/o Mohanan
Plaintiffs Documents
Certified copy of Sale deed No. 1456/1993, Certified copy of Partition deed No. 2734/1983, Tax receipt.
Defendants Documents
Sale deed No:2182/1996, Tax receipt.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- S.N.Jayachandran
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- P.K.Muraleedharan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Refused
Description:
Declaration of shifting of item No.4 pathway to item No.5 location.
Evidence:
In the light of the above mentioned discussions it can be held that plaintiff is not entitled for the reliefs as sought for in the plaint.
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Permanent prohibitory injunction as prayed for.
Evidence:
In the light of the above mentioned discussions it can be held that plaintiff is not entitled for the reliefs as sought for in the plaint.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale deed No. 1456/1993 issued from SRO Vaikom.
Reference:
Ext.A1
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Partition deed No.2734/1983 issued from SRO Vaikom.
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt.
Reference:
Ext.A3
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Sale deed No:2182/1996 issued from SRO Vaikom.
Reference:
Ext.B1
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
Tax receipt.
Reference:
Ext.B2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report with rough sketch.
Reference:
Ext.C1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report with plan.
Reference:
Ext.C2
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Common Reasons
Case Code
Case between Valsala Purushothaman Pillai vs Mohanan et al regarding declaration of shifting of pathway
Case Code Year
Case between Valsala Purushothaman Pillai vs Mohanan et al regarding declaration of shifting of pathway