Case Summary
Plaintiff filed suit seeking perpetual injunction to prevent obstruction of her right of way to access her property by the defendants.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Perpetual Injunction
Case Type
Civil Suit - Perpetual Injunction
Final Judgment
No
Why Plaintiff Won:
The plaintiff successfully proved her right to the easement over the way in dispute through documents and testimonies.
The plaintiff successfully proved her right to the easement over the way in dispute through documents and testimonies.
Judgment Evidence:
S.35 of the Indian Easements Act provides that an injunction may be granted to restrain the disturbance of an easement. The court decreed a perpetual injunction restraining the defendants from obstructing plaintiff's use of the way.
Parties Involved
Plaintiffs
Afsath (47 years)
Purathoor amsom, Muttannoor desom, Muttannur Post, Tirur Taluk, Pin 676 561
Defendants
Abdullakkutty. C.K (60 years)
Cherachamveeti Kalathil House, Purathoor amsom, Muttannur desom, Muttannur Post, Tirur Taluk, Pin 676 561
Shaharban (55 years)
Cherachamveeti Kalathil House, Purathoor amsom, Muttannur desom, Muttannur Post, Tirur Taluk, Pin 676 561
Reliefs
Relief Type:
Perpetual Injunction
Outcome:
Granted
Description:
To prevent defendants from obstructing plaintiff's use of the right of way
Evidence:
S.35 of the Indian Easements Act provides that subject to the provisions of the Specific Relief Act, an injunction may be granted to restrain the disturbance of an easement. Since there is a disturbance to easement the plaintiff is entitled to get a decree as prayed for.
Documents & Evidence
Document Type:
Jenm Assignment Deed
Submitted By:
Plaintiff
Relevance:
Proved plaintiff's ownership and right to the property
Reference:
No. 2562/2003
Document Type:
Jenm Assignment Deed
Submitted By:
Defendant
Relevance:
Defendants' right over the property
Reference:
No. 3059/2000