LEELA T.V Vs. PADMAVATHY AMMA

JUDGEMENT

(1.) This Regular Second Appeal emanates from the judgment and decree dtd. 19/11/2008 passed by the Additional Munsiff-II, Kozhikode in O.S.No.338/2004. The First Appellate Court, the III Additional Sub Court, Kozhikode confirmed the judgment of the Trial Court in A.S.No.24/2009.

(2.) Material facts relevant for the adjudication of this appeal are briefly narrated below:

(3.) During the course of proceedings, the plaintiffs amended the plaint incorporating 'B schedule', which is described as a 3 feet wide way having a length of 30 feet which starts from the western public road and reaches the residence of the plaintiffs in the item No.2 property. Amendments were later incorporated in the plaint as per order dtd. 12/12/2007, nearly after three years of the institution of the suit by which the plaintiffs pleaded that the defendants were permitted to access the tharavadu house through the property indicated as 'TJ' lane in Ext.C3(a) sketch. The defendants resisted the amended pleadings raising the contention that they have acquired the right of easement by prescription over the way in dispute.