DEVAKI Vs. K JOSHI

JUDGEMENT

(1.) THE defendants in O.S. 515 of 1991, who suffered a decree at the hands of the trial court and which was confirmed by the lower appellate court are the appellants. THE parties and facts are hereinafter referred to as they are available before the trial court.

(2.) THE short facts are as follows: Plaint A schedule property belongs to the plaintiffs. Plaint B schedule belongs to the first defendant and C schedule belongs to the second defendant. Plaint B and C schedule properties are situate on the eastern side of the plaintiffs' property. Eastern most property is C schedule. Beyond C schedule is a public road. According to the plaintiffs, to reach the public road, they use a pathway running through plaint B and C schedule properties, which is shown as plaint D schedule property. THEy claim right to use the said pathway both by way of easement by necessity and prescription. THEy also allege that, that is the sole mans of access for them to the outside world.

(3.) THE defendants carried the matter in appeal as A.S. 48 of 1996 before the District Court, North Paravur. On an independent evaluation of the materials before it, the lower appellate court concurred with the trial court and dismissed the appeal.