P.SOMARAJAN
Marthoma Syrian Church Represented By Most Rev. Dr. Joseph – Appellant
Versus
Jessie Thampi (Died) W/o. Late Sri. P. C. Thampy – Respondent
JUDGMENT :
1. A suit for declaration of prescriptive right of way over C schedule property and mandatory injunction to remove D schedule gate installed at the entrance of C schedule to the southern road was dismissed by the trial court, but it was decreed by the first appellate court, against which defendants 1 to 3 came up with this appeal.
2. Out of a large extent of 97.5 cents, an extent of 62.5 cents along with a right of way over 8 feet width land set apart through the eastern boundary of the large extent, was purchased in the year 1953 under Ext.B2 document by the defendants 1 to 3. Later on, the balance extent of 35 cents including the title over the way set apart in the year 1953 was also purchased under Ext.B3 in the year 1961 by the defendants. The claim of plaintiff is that she had perfected prescriptive right of easement of way by long, continuous, uninterrupted use of way 'as of right', 'as an easement', from time immemorial. She had installed a gate in front of their registered holding opening towards the said way. The commissioner who visited the property reported its oldage as more than 30 years. In the document of purchase, Ext.B2 of the year 1953, the right of way g
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