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2022 Supreme(Ker) 222

K.BABU
Panangottum Tharemmal Sara, D/o. Kunhisooppy – Appellant
Versus
P. T. Kuttialy, S/o Abdulla – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI.B.KRISHNAN, SRI.R.PARTHASARATHY, SRI. N.M. RAJAGOPAL

JUDGMENT :

The plaintiff in O.S.No.159/2006 on the file of the Munsiff's Court, Nadapuram is the appellant. The defendants are the respondents.

2. Material facts relevant for the adjudication of this appeal are as follows:

2.1. Plaint 'A' schedule property originally belonged to the father of the plaintiff. In 1971, the plaintiff and others assigned their right over the property to Kunhamina and others as per registered deed No.576/71. Subsequently, in 1978 under a registered deed No.2744/1978, the plaintiff acquired right over 'A' schedule property. The plaintiff is the absolute owner in possession of the plaint 'A' schedule property.

2.2. Plaint 'B' schedule property forms part of the property held by the defendants. Plaint 'B' schedule property is a pathway leading to plaint 'A' schedule property from the eastern Changaramkulam-Narikkottumchal road. The pathway has been in existence from time immemorial. Plaint 'B' schedule way runs on the southern side of the property held by the defendants. The plaintiff has no other way than 'B' schedule to access the eastern public road. The plaintiff has been using the plaint 'B' schedule pathway continuously, openly and uninterruptedly from 19

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