ORDER :- Plaintiffs are the appellants. They are Kudikidappukars under the defendant, who filed an application before the Land Tribunal, Thalasserry as O.A. 696 of 1970. They were issued with a purchase certificate as evidenced by Ext. A2 dated 27-12-1973. As per Ext. A2, they are entitled to 10 cents of land as Kudikidappu. The suit was instituted by them claiming a right of pathway to their Kudikidappu through the property of the defendant.

2. On the western side of the appellants Kudikidappu there is a pathway and it was specifically pleaded in the plaint that the plaintiffs" predecessors in interest were using this pathway, namely, plaint B schedule continuously and uninterruptedly for the last 50 years as of right. Plaint A schedule property originally belonged to the grand mother of the defendant. Raman, the father of the plaintiffs was residing in a hut in plaint A schedule property as a Kudikidap-pukaran with his family. It was then that Act 35/69 conferred certain benefits and Raman applied to the Land Tribunal as aforesaid.

3. After the death of Raman, plaintiffs are in possession of plaint A schedule property. The defendant constructed a new house on the southern