THILAKRAJ Vs. SEBASTIAN

JUDGEMENT

(1.) The defendants 1 to 6 are the appellants. They suffered a decree at the hands of the Trial Court which was confirmed in appeal. The short facts absolutely necessary for the disposal of this appeal are as follows. Plaint A schedule property belonged to the grand father of the plaintiff which ultimately devolved on him. The plaintiff and his family are residing in the said property. On the south, east and west of the property is a thodu. The property on the northern side of the plaint A schedule property was purchased by the wife of the plaintiff. Further north is the property owned by the defendants and the said property is shown as B schedule property. According to the plaintiff, there is a pathway starting from the northern side of the plaint schedule property which passes through the property of the wife of the plaintiff and then enters the property of the defendants and goes towards north and then takes a turn to the east and ultimately reaches the Chirackal-Althara Panchayath road. That is shown as C schedule property. The plaintiff claimed prescriptive right of easement to the said pathway.

(2.) The defendants resisted the claim. They denied that there is a pathway as alleged in the plaint and also that the plaintiff had prescriptive right of easement to use the same. They contended that the plaintiff is only allowed to walk through the property. They denied the right claimed by the plaintiff and prayed for dismissal of the suit.

(3.) On the above pleadings, issues were raised and the parties went to trial. The evidence consists of the testimony of PWs 1 to 4 and the documents marked as Exts.A1 to A6 from the side of the plaintiff. The defendants had DWs 1 to 4 examined and Ext.B1 marked. Exts.C1 and C1(a) are the commission report and plan.