RADHA Vs. RAMACHANDRAN

JUDGEMENT

(1.) Plaintiffs are the appellants. They are kudikidappukars under the defendant, who filed an application before the Land Tribunal, Thalasserry as O.A. 596 of 1970. They were issued with a purchase certificate as evidenced by Ext. A2 dated 27.12.1973. As per Ext. P2, they are entitled to 10 cents of land as kudikidappu. The suit was instituted by them claiming a right of pathway to their kudikidappu through the property of the defendant.

(2.) On the western side of the appellants kudikidappu there is a pathway and it was specifically pleaded in the plaint that the plaintiffs predecessors in interest were using this pathway, namely, plaint B schedule continuously and uninterruptedly for the last 50 years as of right. Plaint A schedule property originally belonged to the grand mother of the defendant. Raman, the father of the plaintiffs was residing in a hut in plaint A schedule property as a kudikidappukaran with his family. It was then that Act 35/69 conferred certain benefits and Raman applied to the Land Tribunal as aforesaid.

(3.) After the death of Raman, plaintiffs are in possession of plaint A schedule property. The defendant constructed a new house on the southern side of plaint A schedule property on 22.6.1993. The defendant along with his men demolished the steps from the western road to plaint B schedule pathway so as to prevent the usage of the same. Defendant also tilled plaint B schedule pathway and planted tapioca sapplings. Plaintiffs claim that they have every right to use plaint B schedule pathway. It was on these lines that the suit was instituted for a mandatory injunction directing the defendant to convert plaint B schedule pathway to its original position and for a perpetual injunction restraining the defendant from interferring with the peaceful enjoyment of the property.