Case Summary
Plaintiffs claimed right to water from a well in defendant's property, but court found no cause of action to grant injunction.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Not Decided
Case Type
Civil Suit - Perpetual Injunction
Final Judgment
No
Plaintiffs' suit for perpetual injunction was dismissed by the court due to lack of cause of action.
Key Reasoning:
There was no cause of action for plaintiffs to file the suit as they failed to prove a continuous right to take water from the well.
There was no cause of action for plaintiffs to file the suit as they failed to prove a continuous right to take water from the well.
Why Defendant Won:
There was no cause of action for plaintiffs to file the suit as they failed to prove a continuous right to take water from the well.
There was no cause of action for plaintiffs to file the suit as they failed to prove a continuous right to take water from the well.
Supporting Evidence
There is no cause of action for the plaintiffs to file the suit.
Judgment Evidence:
In the result, the suit is dismissed without cost.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Venkittan
- Relation
- Chinnan's Son
- Party Role
- Defendant
- Party Name
- Raman
- Party Age
- 89
- Relation
- Chinnan's Son
Plaintiffs Documents
Partition Deed No. 3774/1986, Gift Deed No. 892/2013, Tax Receipt
Defendants Documents
Not available
Advocates
Reliefs
Relief Type:
Perpetual Injunction
Outcome:
Not Decided
Description:
To restrain defendants from obstructing plaintiffs from taking water from the well.
Evidence:
There is no cause of action for the plaintiffs to file the suit.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Evidencing allocation of property
Reference:
A1
Document Type:
Gift Deed
Submitted By:
Plaintiff
Relevance:
Evidencing gift of property
Reference:
A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Evidencing tax payment
Reference:
A3
Case Classification
Case Type
Civil Suit - Perpetual Injunction
Category
Injunction and Access Rights
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Venkittan et al vs Raman et al regarding right to water from well
Case Code Year
Case between Venkittan et al vs Raman et al regarding right to water from well