JOSHUA MATHEW Vs. M.A. JEEVA

JUDGEMENT

(1.) The issue involved in these appeals is centered over a way, which the appellant claims to be part of his property. The respondent claims that the appellant has no right to obstruct him from using the way. The claim of the appellant was negatived by the courts.

(2.) Heard learned counsel Sri.C.Muralikrishnan, on admission.

(3.) The existence of the way as claimed, is not in dispute though there is challenge on its width. That there had been in existence of a way of 12 feet width, as claimed by the respondent, is established by Ext.C1 Commissioner's Report. The Commissioner has reported that, the way lies distinct and well separated from the appellant's property and that there are boundary marks including survey stones, fencing stones and trees that are standing in a row, well demarcating the way. The report indicates that the way had been in existence for quite some time and it is not one of recent origin.