JUDGMENT

This appeal arises against concurrent findings by the II Additional Munsiff Court, Thiruvananthapuram in OS No.1016 of 2008 and AS No.215 of 2011 of the Additional District Court-II, Thiruvananthapuram.

2. The brief facts necessary for the disposal of the appeal are as follows:-

The plaintiff and her son purchased A schedule property by virtue of sale deed No.1579 of 1993. The plaintiff claimed right over plaint B Schedule pathway by virtue of an express grant contained in gift deed No. 1325/77. It is stated that the plaintiff was using plaint B schedule pathway from the date of purchase. An iron gate was fixed by the plaintiff on the southern side of the plaint B schedule property and finding that the defendants had trespassed into the southern side of plaint A schedule property and locked the gate at the southern end, the suit was filed for declaration of title over the plaint A schedule property and the right of the plaintiff and her son over the plaint B schedule pathway. The defendants entered appearance and contended that though there is a recital in the gift deed as regards the plaint B schedule pathway, it was never used. The gates were not fixed by the plaintiff but