Plaintiff in O.S.No.23 of 1993 on the file of the Munsiff’s Court, Cherthala is the appellant herein. The plaintiff filed the suit for declaration and injunction. The plaint item No. 1 property absolutely belongs to the plaintiff as per the decree in O.S. No. 318/72 and sale deed No. 2383/89. The plaintiff and her predecessors were enjoying the said property for the last 50 years. There is a residential building in item No.1 property wherein the plaintiff and his family are residing. Plaint schedule item No. 2 belogn to defendants 1 to 5. The said property lies on the east of item No.1. A portion of item No.2 was sold to the 5th defendant and as such he is in possession of the said portion. On the eastern side of item No.2 there is a public road which starts from Cherthala Government Girls High School Junction. The plaintiff and his predecessors in interest have been using the pathway through item No. 2 which is shown as item No.3 for ingress and egress to item No.1. The plaintiff and his predecessors in interest have been using the item No.3 pathway peaceable openly and as of right as an easement without any obstruction for the last 50 Years. The plaintiff has no other