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2014 Supreme(Ker) 979

P.BHAVADASAN
Thilakarj Thilakan – Appellant
Versus
P J Sebastian – Respondent


JUDGMENT

P. Bhavadasan, J.

1. The defendants 1 to 6 are the appellants. They suffered a decree at the hands of the trial court which was confirmed in appeal. The short facts absolutely necessary for the disposal of this appeal are as follows.

2. Plaint A schedule property belonged to the grand father of the plaintiff which ultimately devolved on him. The plaintiff and his family are residing in the said property. On the south, east and west of the property is a thodu. The property on the northern side of the plaint A schedule property was purchased by the wife of the plaintiff. Further north is the property owned by the defendants and the said property is shown as B schedule property. According to the plaintiff, there is a pathway starting from the northern side of the plaint schedule property which passes through the property of the wife of the plaintiff and then enters the property of the defendants and goes towards north and then takes a turn to the east and ultimately reaches the Chirackal-Althara Panchayath road. That is shown as C schedule property. The plaintiff claimed prescriptive right of easement to the said pathway.

3. The defendants resisted the claim. They denied that th







































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