GUNDALIBASAVANYAPPA Vs. G S BASAVARAJA

JUDGEMENT

(1.) This appeal by the defendants is directed against the judgment and decree of the lower Appellate Court by which the suit of the plaintiffs has been decreed acceding to their claim of right of way through the Oni and Angala of defendants' house and that of discharging rain and drain waters through the suit drain (kaluve).

(2.) The entire suit property formerly belonged to the family of the contesting parties which was purchased by one Kori Halappa who subsequently sold the same to Uduchanda Halappa. Defendants purchased half portion of the plaint schedule property bearing No. 30 from the said Halappa under a registered sale deed dated 10-5-1961 (Exhibit P-2) and the other half portion bearing No. 29 was retained by the vendor. Subsequently the said Halappa sold the other portion of the house bearing No. 30 to the plaintiffs under a registered deed dated 21-4-1977 (Exhibit P-1). Admittedly the defendants had executed a registered document Exhibit P-3 dated 10-5-1961 contemporaneously with the execution of the sale deed in their favour wherein they granted and conceded a right of way and that of discharge of water through the property purchased by them in favour of their vendor Halappa obviously for securing beneficial enjoyment of the other property held by their vendor. The said right so conceded was to be exercised over the Oni passing through the Angala as shown in the plaint sketch and the drain described therein.

(3.) It has been found by the Courts below that subsequent to purchase of property No. 29 by the plaintiffs, they had been using the said Oni passing through the Angala for carrying their cattle and other purposes, within the knowledge of the defendants. But they abruptly started obstructing to the exercise of that right which led to the filing of the present suit in 1981.