KARTHIYANI AMMA Vs. KUNHI THOMAN

JUDGEMENT

(1.) The second appeal was filed by the plaintiffs in a suit for declaration of easement right. The 1st plaintiff was the mother and the 2nd plaintiff, the son. During the pendency of the second appeal the 1st plaintiff passed away. Her legal representatives are appellant No. 2 and additional appellants 3 and 4.

(2.) The plaintiffs are members of a family known by name Pavattassery. They have a house in the property shown in the sketch prepared by the Commissioner, the rough sketch being Ext. C1 and a more detailed one being Ext. C3. On the northern side, about 24 dhannoos away from the boundary of the plaintiffs' compound there is a panchayat road. On the eastern side also there is such a panchayat road. The pathway connecting the northern Panchayat road to the plaintiffs' compound is the one on which the controversy revolves. On either side of that pathway are the residential houses and compounds of the defendants. The pathway after touching the plaintiffs' compound proceeds in the southern direction and leads to the house of one other defendant.

(3.) The properties now owned by the defendants and served by the pathway aforesaid originally belonged to one Velu. By Ext. A2 assignment, Velayudhan, one of the sons of Velu obtained the rights of the other heirs of Velu. Those rights were conveyed by him under Ext. A4 dated 16-3-1927 in favour of the 1st defendant. Similarly Raman, Pw. 2 obtained the rights of other heirs of Velu under Ext. A3 dated 31-3-1925. The ultimate landlords' rights were obtained by the 1st defendant under Ext. B1 dated 27-6-1943.