Easement rights established by grant remain intact despite structural changes that do not negate the pathways defined in the original deeds.

JUDGMENT

This Regular Second Appeal has been directed against the judgment and decree passed in A.S.No.154/2011 on the files of Additional District Court-II (Special), Kottayam which arise out of the judgment and decree in O.S.No.110/2010 on the file of Munsiff's Court, Vaikom.

2. (Parties would be referred as per their status before the Munsiff's Court). Appellants are the defendants and the suit has been filed seeking for a perpetual injunction. Plaint Schedule Item Nos. 1 and 2 properties belong to plaintiffs 1 and 2. The 3rd plaintiff is the son of the second plaintiff and first and 3rd plaintiffs are running their establishments in the plaint schedule building. After the purchase of the plaint schedule property, both plaintiffs constructed two floors further. The property of the defendants lies on the eastern and northern side of plaint item Nos.1 and 2 properties. Plaintiffs and defendants purchased property from a common owner. At the time of purchase of the property by the plaintiffs the owner of the property had given an access to the staircase on the northern and eastern sides of the plaint schedule property having a width of 3 ft and it is described as plaint 1 and 2. Way has been provided for using the staircase at the northern side as well as to carry out the maintenance of the building and to enjoy other amenities of the building by virtue of the above Exts.A1 and A2 documents. With the consent of the plaintiffs, the predecessor of the defendants erected a gate on the eastern side of the plaintiff's building providing an access to the eastern and northern side of plaint item Nos.1 and 2 properties. When the defendants openly obstructed the use of item No.3 way, the suit has been filed.

3. After the institution of the suit, defendants 2 and 3 having right of the adjacent property of the plaint schedule property were also made parties. The defendants have no manner of right to obstruct the use of way, item No.3 by the plaintiff. Hence, the suit has been filed for restraining the defendants from causing obstruction to the plaintiff in using item No.3 pathway.

4. Defendants filed written statement contending that the suit is bad for non joinder of necessary parties. Item Nos.1 and 2 of plaint schedule properties are part and parcel of the same building. The staircase was the access to first floor of plaint schedule item Nos.1 and 2 building. The plaintiffs have no right to access through defendants' property which they purchased in the year 2002. The gate was erected by the predecessor of the defendant to secure the property excluding plaint Item Nos.1 and 2 sold to the plaintiffs. That gate is under the lock and key of the defendants, subsequent to the sale of property to them by the predecessor of the plaintiffs. Plaintiffs illegally erected certain pipes on the side of item Nos.1 and 2 property as an outlet from toilet and wash basin in the defendants' property. There is no pathway as described in plaint item No.3 in existence.

5. Additional defendants 2 to 4 filed separate written statements supporting the contentions of the original defendant. PW1 to PW4 examined and Exts.A1 to A8 marked from the side of the plaintiffs. DW1 examined and Exts.B1 to B7 series marked from the side of the defendants. Exts.C1, C1(a), C2, C2(a), C3 and C3(a) were also marked.

6. On evaluating the facts and circumstances and evidence adduced, the learned Munsiff found that the plaintiffs have indefeasible right over plaint item No.3 for the beneficial enjoyment of plaint item Nos.1 and 2 properties and defendants have no manner of right to cause obstruction for the use of item No.3 by the plaintiffs and accordingly suit was decreed and defendants were perpetually restrained from trespassing into plaint item No.3 property and causing any objection to the enjoyment of the plaintiffs over plaint item No.3 property.

7. Against which defendants 1 and 2 filed A.S.No.154/2011 before the District Court-II (Special), Kottayam. Learned District Judge,