PUNDALIK NARAYAN XET Vs. AUGUSTO FERNANDES

JUDGEMENT

(1.) The above Second Appeal is filed by the plaintiffs of Regular Civil Suit No. 397/88/Jr.

(2.) The plaintiffs had filed the said Suit for permanent injunction restraining the defendants, their agents, servants and/or any other persons acting on their behalf, from interfering in any manner with the suit access.

(3.) Case of the plaintiffs, in short, was as follows :- They are occupying a house as mundkars situated in the suit property bearing survey No. 229/25 of Calangute Village, for more than 50 years. The suit property is land locked and on the southern side of the same there is a property managed and looked after by the defendants, beyond which there exists a public road. The plaintiffs were always using an access having width of about 3 metres leading from the public road to the suit property, through this property of the defendants since the time they and their family members started occupying the house in the suit property. The said property of the defendants bears survey No. 229/33 and the suit access is being used as motorable access since time immemorial, openly, peacefully and without any interference from anybody and that it is the only access available to them to go to the public road. The suit access is also a traditional access and as a right of ne-cessity and customary easement for them. In the month of August, 1998, defendants brought two truck load of mud in their property and two days thereafter they planted coconut saplings in order to obstruct the suit access. Hence the suit.