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2017 Supreme(Ker) 428

PURUSHOTHAMAN PILLAI S/O. KUNJURAMAN PILLAI – Appellant
Versus
SUDHEER – Respondent


Advocates Appeared:
FOR THE APPELLANT : RAM MOHAN. G., MANU V., G.P.SHINOD
FOR THE RESPONDENTS: K.S. MANU (PUNUKKONNOOR)

JUDGMENT :

Where an easement by grant is created, can its user be restricted by imposing conditions, together with the grant?

2. Challenging the concurrent findings entered by the Principal Munsiff's Court, Nedumangad in O.S. No. 225/2001 followed by those of the Subordinate Judge's Court, Nedumangad in A.S.No.77/2006, the plaintiff in the suit has come up with this second appeal.

3. The suit is one for declaration of title and possession of the plaintiff over plaint A schedule property, which takes in the plaint C schedule pathway also. Other consequential relief of perpetual injunction has also been sought for. According to the plaintiff, the 2nd defendant has made attempts to encroach into the portions of plaint A schedule property and to put up constructions in plaint C schedule pathway, and hence the suit.

4. The plaint B schedule property belongs to the 2nd defendant. Originally, plaint A, B and C schedule properties were lying as a compact plot having a total extent of 34 cents. The plaintiff purchased 25 cents of property, which is the plaint A schedule property. Even prior to that, the vendors of the 2nd defendant in respect of the plaint B schedule property purchased the plai


















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