RAJAN Vs. BALAN

JUDGEMENT

(1.) The defendants in OS 469/1983 on the file of the Munsiff s Court, Irinjalakuda, are the appellants in this second appeal. The said suit was one for a perpetual injunction restraining the defendants from trespassing upon or planting trees or otherwise interfering with the user by the plaintiff of the plaint schedule pathway alleged to be passing along the northern extremity of the 84 cents of land comprised in Sy. No. 964/2, which will be adverted to in detail hereafter.

(2.) The basis of the plaint claim was a right of way over the plaint schedule pathway given, under Ext. B1 partition dated 9-4-1119 M.E. corresponding to the year 1944 and the plaintiff contended that he has unrestricted right to use the pathway as an easement.

(3.) The defendants/appellants resisted the plaint claim contending inter alia that the plaintiff did not have any subsisting right of easement over the plaint schedule pathway and that whatever rights the plaintiff had, ceased to exist after the execution of Ext. B2 sale deed dated 9-6-1959.