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1998 Supreme(Ker) 191

P.K.BALASUBRAMANYAN
Ramanunni Vaidyar – Appellant
Versus
Govindankutty Nair – Respondent


Judgment :-

P.K. Balasubramanyan, J.

The defendant is the appellant. The defendant is the owner of the property lying to the south of the lane. The plaintiffs are the owners of the property lying to the north of the lane. To the west and north of the property of the plaintiffs there are lanes. There is an old house situate in the property of the plaintiffs facing towards the west and having access to the lane on the west going from north to south. A flight of steps from the property of the plaintiffs to that lane establishes that this was their access to their property. The plaintiff constructed a new building on the eastern portion of their property. They claim that they took loaded vehicles to the property from the eastern road through the lane lying in between the properties of the plaintiffs and the defendant and had expended monies for raising the level of that lane. The plaintiffs approached the court praying for the permanent injunction restraining the defendant from altering the nature and lie of the lane and restraining him from preventing the taking of vehicles to the property of the plaintiffs through the lane. The plaintiffs pleaded that the defendant was attempting to c
















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