G KESAVAN Vs. RANGA REDDY

JUDGEMENT

(1.) THE unsuccessful plaintiff in both the Courts below has preferred the above second appeal against the judgment and decree dated 22.9.1999 in A.S.28 of 1998 on the file of the Additional District Judge, Tiruvannamalai, confirming the Judgment and Decree dated 21.1.1999 in O.S.No.1048 of 1992 on the file of the I Additional District Munsif.

(2.) THE case in brief is as follows:

(3.) THE plaintiff as appellant filed the suit for declaration of easementary right of way as well as permanent injunction on the ground that for more than statutory period the pathway was running through S.Nos.97/2A, 2B, 3A, 3B, 4 and 5. Admittedly, there is a suit and counter suit between the parties relating to S.No.97/3B. THE Plaintiff claims right of way only through the suit pathway and according to him this is the only pathway available not only to reach the house but also to reach the land and shift agricultural products. THE learned counsel for the plaintiff contended that the pathway is in existence from item immemorial and it has been used by all the parties and they have also prescribed the said right. However, the existence of the said pathway is denied by the defendant and according to them the plaintiff has been using only for the purpose of reaching the house besides agricultural products will be carried as headloads and thereafter it will be loaded in the lorries. During the end of 1992, the defendant attempted to level the land for raising wet crops and only at that point of time, the plaintiff has prevented the defendant from doing he work claiming easementary right of way. THE burden is only upon the plaintiff to prove the existence of the pathway and also user of the same, for more than 22 years.