JUDGMENT

1. The plaintiffs are the appellants in this Appeal. The suit was for a declaration of easement by prescription and for a permanent prohibitory injunction. The defendant filed a written statement raising a counterclaim seeking for a mandatory injunction and for a permanent prohibitory injunction.

2. The plaintiffs’ claim is that they are the owners of the plaint schedule item No.1 property, having an extent of 4 Ares, which they derived as per Sale Deed No.1160/1996. The said Sale Deed was not produced before the Trial Court.

3. As per the plaint allegations, the defendant has properties on the northern, eastern, and southern sides of the plaint schedule item No.1 property. The property of the defendant on the eastern side is scheduled as the plaint schedule item No.3 property. On the eastern side of the plaint schedule item No.3 property, Elaponka – Kuzhimannipadi Panchayat road is situated. Plaint schedule Item No.2 pathway is from the said Panchayat road to the west through the plaint schedule Item No.3 property up to plaint schedule Item No.1 property. The plaintiffs and their predecessors have been using the said pathway for the last 60 years. There are several propertie