RAVI Vs. LEKSHMI

JUDGEMENT

(1.) The appellants are the defendants 2 and 3 in the suit. They are husband and wife. The 2nd defendant is the nephew of the 1st defendant. The plaintiff is the wife of the 1st defendant.

(2.) Plaintiff filed suit for declaration of easement by prescription over C schedule pathway and consequential injunction. On account of the objection of non-joinder of parties, the 3rd defendant who is the wife of the 2nd defendant was impleaded in the suit. The 3rd defendant remained exparte.

(3.) Plaint A schedule property having an extent of 58.5 cents of land and the residential building therein belongs to the plaintiff as per Ext.A1. Plaint B schedule property having an extent of 11.20 Ares of land belongs to the 1st defendant. Plaint B schedule property is situated on the south-eastern side of plaint A schedule property. Canal Road is situated on the eastern side of B schedule property. Plaint C schedule pathway is shown as having a length of 48 meters and 3 meters width situated on the northern extremity of Plaint B schedule property starting from the Canal Road on the eastern side and ending at the southeastern side of the plaint A schedule property. The suit was filed on 10/7/2002. The 1st defendant had executed Ext.B2 Sale Deed dtd. 5/7/2002 with respect to plaint B schedule property in favour of the defendants 2 and 3, and thus, they also became parties to the suit.