P. RUBAN Vs. RAJARETHINAM

JUDGEMENT

(1.) This second appeal has been filed challenging the concurrent findings of the Courts below. The defendant in the suit is the appellant herein. The suit in O.S.No.202 of 2012 was filed by the respondents/plaintiffs before the Additional District Munsif Court, Padmanabhapuram, seeking for declaration, claiming easementary rights for the pathway to access the graveyard. A written statement was also filed by the appellant/defendant in the trial Court denying the contention of the respondents/plaintiffs that they have easementary rights to use the pathway leading to the graveyard. The said graveyard is utilised by the respondents/plaintiffs to bury their family members.

(2.) Before the trial Court, the respondents/plaintiffs filed 6 documents, which are marked as Ex.A.1 to Ex.A6. On the side of the appellant/defendant, 5 documents were filed, which are marked as Ex.B.1 to Ex.B.5. Apart from that, three Court exhibits were also marked, namely Ex.C.1 to Ex.C.3.

(3.) Admittedly, one of the brothers of the respondents/plaintiffs had sold the portion of the larger extent of the property to the appellant/defendant under a sale deed, which has been marked as Ex.B.2, dtd. 28/1/2009. It is also not in dispute that there is no access available for the respondents/plaintiffs to enter into the graveyard meant for burial of their family members. The oral and documentary evidence placed on record before the trial Court confirmed the said fact. Having purchased the portion of the property from one of the brothers of respondents/plaintiffs and when it is not in dispute that there is no access for the respondents/plaintiffs to use the graveyard meant for burying the family members of the respondents/plaintiffs, the trial Court after giving due consideration to the oral and documentary evidence available on record, has decreed the suit in favour of the respondents/plaintiffs by granting the relief of easementary rights, namely, usage of the common pathway leading to graveyard utilised by the family members of the respondents/plaintiffs.