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IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
V.J.MATHEW – Appellant
Versus
SURENDRAN – Respondent
| Table of Content |
|---|
| 1. nature of the dispute concerning easement (Para 1 , 2) |
| 2. arguments regarding the nature of the right claimed (Para 3 , 4 , 5) |
| 3. evaluation of proof required for easement by prescription (Para 6 , 7 , 8 , 9) |
| 4. assessment of the plaintiff's claim and evidence (Para 10) |
| 5. final ruling and implications (Para 11 , 12) |
J U D G M E N T
This appeal arises out of the reversal of the judgment and decree of the II Additional Munsiff Court, Ernakulam, in O.S No.35/2007 by the II Additional Sub Court, Ernakulam, in A.S No.112/2010.
2. The brief facts necessary for the the disposal of the appeal are as follows:-
The appellant/plaintiff filed a suit for permanent prohibitory injunction restraining the defendants from interfering with the plaintiff’s right over the plaint B schedule pathway, causing any damage in the existing water pipe connection passing through the plaint B schedule pathway and also doing any construction or obstruction in the plaint B schedule pathway. The plaintiff claimed that he has got a right of easement by prescription over the plaint B schedule property, since he was using the same from 1972 onwards. The defendants entered appearance and contested the sui
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