ANTONY @ ANTHAPPAN Vs. GEORGE

JUDGEMENT

(1.) ADMIT .

(2.) THE following substantial question of law is framed: "Whether the first appellate court was right on the facts and evidence in concluding that the appellants have alternate access from their property to the Gomendapadi-Valiyapara road through the thondu situated towards the north of their property?"

(3.) THE suit property, according to respondents 1 and 2 is 69 cents belonging to them as per Ext.A1, assignment deed No.4750 of 1992. The appellants own property towards north-west of the suit property. According to respondents 1 and 2, the thounduvazhi on the north of property of the appellants is available to them for access to their property from the public road. In connection with construction of building by appellants 1 and 2, respondents 1 and 2 permitted the appellants to make use of western portion of the suit property for taking building materials to their property. After construction of the building, that permission was withdrawn. Now the appellants are attempting to trespass into the suit property and open a new way to their property. Hence the suit.