SALLY RAVI JACOB Vs. P.M.JOSE

JUDGEMENT

(1.) THE defendant who suffered a decree at the hands of the trial court which was confirmed in appeal is the appellant before this Court.

(2.) PLAINT item No.1 belongs to the 1st plaintiff. A school is being run in the property. The plaint item No.2 belongs to the defendant. Originally, the eastern portion of plaint item No.2 belonged to the father of the 2nd plaintiff and the defendant namely, A.C. Samuel. By virtue of Ext.A7 document dated 04.10.2005, Samuel assigned his portion on the eastern side to the defendant. According to the plaintiffs, while Samuel assigned the property to the defendant, he laid a way through the northern portion of his property and that way was extended upto item No.1 property through the property of the defendant who dedicated portion of her property for the way. Ever since then the way has been used for ingress and egress to the school. Alleging that the defendant is obstructing the use of the way, suit was laid.

(3.) THE defendant resisted the suit. She disputed the existence of way shown as item No.3 to the plaint. She also disputed that she had dedicated any property to the same. According to the defendant, the way made mention of in Ext.A7 is for ingress and egress to her property and does not extend to school situated in item No.1. Pointing out that the plaintiffs had no manner of right to use any portion of the property belonged to her, she prayed for dismissal of the suit.