BHAVANIAMMA Vs. BHARATHI

JUDGEMENT

(1.) THE plaintiffs in O.S.No.265 of 2008 of the Munsiff's Court, Perumbavoor challenged dismissal of the suit in A.S.No. 78 of 2010 of the Sub court, Perumbavoor but without success. Hence this second appeal.

(2.) PLAINTIFFS claimed that the plaint A schedule belonged to the 2nd plaintiff as per Ext.A1, assignment deed dated 08.06.1983. Plaint B schedule is described as a 'thonduvazhi' allegedly being used by the plaintiffs and other people of the locality, having length of 400 metres and situated towards the southern and western sides of the plaint A schedule. Plaintiffs alleged that the defendants are attempting to annex the plaint B schedule to their property on the further south. Hence the suit for injunction.

(3.) THE courts below found that there is no evidence to show that there is any such thonduvazhi as claimed by the plaintiffs and over which the public have any right.