METILDA SULOCHANA BAI DAVID Vs. MEHRUARCHA MEHARJEE (DECEASED)

JUDGEMENT

(1.) The appellants 1 and 2 are the defendants in O.S.No.260 of 1994 on the file of the District Munsif, Udagamandalam. The legal heirs of the deceased 2nd appellant are impleaded as appellants 3 to 6 and the legal heirs of the deceased plaintiff are brought on record as respondents 2 to 6.

(2.) The first respondent (since deeased) filed the suit in O.S.No.260 of 1994 before the District Munsif, Udagamandalam for a declaration that she is entitled to use the suit pathway and also for a permanent injunction restraining the appellants 1 and 2/defendants from interfering with her peaceful possession and enjoyment over the suit property. She has further prayed for a mandatory injunction directing the defendant to remove the obstacles made by the appellants 1 and 2/defendants in the suit pathway.

(3.) Briefly stated the case of the 1st respondent/plaintiff is as follows. The plaintiff and her husband late Erachsna Meherjie purchased a land in R.S.No.4059 of Udagamandalam measuring 13-6/8 cents along with a superstructure bearing door Nos.118 and 119 from one Nazeer Ahamed Sait on 15.07.1964 (Ex.A2). A map showing the suit property and the pathway was annexed to the said sale deed. The defendants/appellants though in know of the fact that the plaintiff was using the suit pathway for reaching her property, the defendants started preventing the plaintiff from using the said pathway during the year 1990 by locking the wicket gate, which was at the entrance of the suit pathway. Subsequently, the said wicket gate was removed and an iron gate was put up by the defendants completely closing the pathway. According to the plaintiff, the suit pathway is the only way to reach her house.