B VENKATA RAMANA Vs. A BALARAMUDU

JUDGEMENT

(1.) This appeal is directed against judgment passed by the 1st Additional District Judge, Visakhapatnam in A.S.No. 29/1976.

(2.) The dispute in the suit is in respect of a passage marked as B.C.H.G Q.P.K.J. in the plaint plan. While the plaintiffs contend that they have been enjoying the said passage as pathway for more than 20 years and as such they perfected their right for over the prescriptive period and the defendants have no right to question them, the defendants contend that they have got the title in respect of the said pathway along with the site adjoining it on its west and the plaintiff's claim is, therefore, untenable.

(3.) The trial Court held that the defendants did not establsh their title in respect of the suit pathway. The trial Court also held that the plaintiffs did not establish that they have been using the said pathway for more than 20 years and as such they did not perfect their right to use the pathway by way of prescriptive easement. So holding, it dismissed the suit.