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1985 Supreme(Ker) 299

VARGHESE KALLIATH
MANIYAN KRISHNAN – Appellant
Versus
NANUKUTTAN – Respondent


Judgment :-

1. This is an appeal by the defendants. The first defendant is the father of the 2nd defendant. Plaintiff is the brother of the first defendant. The suit was for declaration of an easement of right of way. The trial court dismissed the suit. The appellate court reversed the judgment of the trial court and decreed the suit.

2. I shall deal with the facts briefly. Plaint A schedule property belongs to the plaintiff. The property on the western side of plaint A schedule property belongs to the defendants. Plaintiff is claiming an easement of right of way over the property of the defendants. The right of way is claimed by the plaintiff so as to reach the public road, viz. Medical College-Ulloor Road. The pathway claimed is admittedly in the property of the defendants. It is a very short pathway insofar as the span of it takes "only a very short distance in the defendants' property.

3. Plaintiff alleges that to reach the main road, he has no other alternate way. It is also said that this is the only way to reach the family temple from his residence. Plaintiff has put forward his case that he has acquired an easement of right of way by prescription. He also tells the court that


















































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