RADHAMANI Vs. INDIRAMMA

JUDGEMENT

(1.) This R.S.A has been directed against the judgment and decree in A.S.No.63 of 2017 on the file of Additional District Court-III, Mavelikkara which arise out of the judgment dtd. 31/3/2017 in O.S.No.115/2014 on the file of Munsiff's Court, Mavelikkara. Suit is one for declaration and for permanent prohibitory injunction. (Parties will hereafter be referred as per their status before the trial court)

(2.) Plaint A schedule property belongs to the plaintiff who obtained the same as per Ext.A2 sale deed and Ext.A3 settlement deed. Plaintiff's husband and his brother obtained title over the plaint A schedule property as per Ext.A1 partition deed described as item Nos.2 and 3. Plaint B schedule property belongs to the defendants which lies immediately on the north of plaint A schedule property. Plaint C schedule is a pathway having width of 2 meters and length of 17 meters which starts from the southern side of plaint B schedule property and reaches upto Budha Junction-Railway Station, Public Road. Plaintiff has been using C schedule pathway from 3/3/1987 onwards openly peacefully without any interruption as of right as an easement. There is no access to plaint A schedule property. When the defendant attempted to beautify the plaint C schedule way paving interlocked tiles, O.S.No.84/2012 was filed. That suit was withdrawn with liberty to file fresh suit. Defendants are causing obstruction for erecting electric line and drawing water line through plaint C schedule property. Hence the suit.

(3.) Defendants filed joint written statement denying the claim of right of easement by prescription over C schedule property to the plaintiff. First defendant and her husband purchased pathway for having access to the public road on the southern side as per Ext.B1 in the year 1969. Thereafter, property owners on either side dedicated property whereby the present road came into existence. The use of plaint C schedule pathway with the consent of the defendant is admitted. Plaintiff has no right to draw water line and telephone connection through C schedule way.