KALLEN DEVI Vs. KIZHAKKEKOROTH RAGHAVAN

JUDGEMENT

(1.) The defendants is O.S. No. 72 of 1993 who suffered concurrent decrees at the hands of the courts below are the appellants. The parties and facts are hereinafter referred to as they are arrayed before the Trial Court.

(2.) The plaintiff is the owner and in absolute possession and enjoyment of the plaint A schedule property. The plaint B schedule property which belongs to the defendants is situated on the southern side. The western boundary of the plaint A schedule property is an old road. That roads goes towards north from Kurumathoor to Vallikkurumbathottam. It is claimed that the road has a width of 18 feet and used by the public of the locality. The road which is shown as C schedule according to the plaintiff passes through the property owned and possessed by the defendants. It is stated that on 15.02.1993, the defendants interrupted the passage of the plaintiff through the road and threatened that he will not permit the plaintiff to use the road any more. It is stated that the plaint C schedule road is the sole means of access to the property owned and possessed by the plaintiff and he has acquired prescriptive right as well as easement by necessity to use the said road. Apprehending further mischief from the defendants, the suit was laid.

(3.) The defendants resisted the suit. They disputed the identity of the property scheduled in the plaint. It is pointed out that the plaint B schedule property and the adjacent properties were assigned by the Government from the surplus land surrendered by various people. They disputed the existence of C schedule road. It is pointed out that a person by name Baby residing on the northern side of the 1st defendant's property wanted to take lorry through the property of the defendants for which they were not amenable. It is at his behest that the present suit has been laid. Pointing out that the plaintiff has no manner of right over any portion of the defendants' property for their egress and ingress to plaint A schedule property, they prayed for a dismissal of the suit.