JACOB N.C. Vs. T.P. KISHORE

JUDGEMENT

(1.) This Regular Second Appeal emanates from the decree and judgment dtd. 13/7/2006 passed by the Additional Munsiff, Ernakulam in O.S.No.1208/2003, which was partly set aside by the Additional District Court, Ernakulam in A.S.No.110/2007. The defendant is in appeal before this Court under Sec.100 of the Code of Civil Procedure, 1908.

(2.) Material facts in a nutshell are as follows:

(3.) The defendant resisted the claim of the plaintiffs. At the time of purchase of the property itself, there was a building on it. He made no additional construction after the purchase of the property. In 1997, itself the iron gate was fixed on the northwestern corner of plaint 'A' schedule property. The defendant has not made any unauthorised construction as pleaded. He has not trespassed upon the pathway. The 10 links wide way described in the plaint is a common pathway. The plaintiffs have no title or preferential claim over the pathway.