ZACHARIAH Vs. KALIYANI AMMA

JUDGEMENT

(1.) The suit, as instituted by the appellant as the second plaintiff and another as the first plaintiff, was to declare a right of way in favour of the appellant over the adjoining property of the respondents, both as an easement by prescription and as an easement of necessity. The two Courts have concurrently held, that the appellant is not entitled to the right as an easement of prescription; they have also held that the appellant has not established the right as an easement of necessity on the ground, that there is an alternative means of access to the public road. The finding of the appellate court on this is recorded thus:

(2.) For the above reasons I hold, that the appellant cannot succeed. The appeal is dismissed with costs.