SURENDRAN UNNITHAN Vs. BALAKRISHNA PILLAI ALIAS PODIYAN PILLAI

JUDGEMENT

(1.) DEFENDANT in a counter claim in O.S. 449 of 2005 is the appellant. The parties and facts are hereinafter referred to as they are available before the trial court in the original suit.

(2.) O.S. 449 of 2005 was a suit instituted originally for injunction. Later it was amended incorporating the prayer for recovery of prescriptive right of easement over plaint B schedule property. The defendant had entered appearance in the meanwhile and had filed the written statement pointing out that he had absolute right over the pathway as per Ext.B1 document and that the plaintiff had no manner of right to use the same.

(3.) THE trial court raised necessary issues for consideration. THE evidence consists of the testimony of D.W.1, who was the counter claimant and Exts.B1 to B7 from the side of the counter claimant. Exts.C1, C1(a), C1(b), C2 and C2(a) are the report, mahazar and sketch prepared by the commissioner. On a consideration of the materials before it, the trial court found that the defendant, who filed a counter claim has established his title over plaint B schedule pathway and decreed the suit as against the defendant. Leaving open the right of other persons who might have right to use the pathway, the appellate court concurred with the trial court.