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1985 Supreme(Online)(Ker) 6

KERALA HIGH COURT
, J
Mathai Varkey v. Thomas John


Advocates:
For the Appellants/Petitioners: Mr. Balasubramanyan

1. The plaintiffs are the appellants in this Second Appeal. The suit - OS. No. 227 of 1972 of the Munsiff's Court of Changanacherry filed by them was for a declaration of their right of easement over the plaint schedule pathway and for an injunction restraining the defendant - respondent from obstructing the said pathway or altering its boundaries or in any way interfering with the use of the same by the plaintiffs. The defendant admitted the existence of the pathway but contended that it bad been laid for his own exclusive use. He denied that was being used by the plaintiffs. He also controverted the right of easement claimed by the plaintiffs.

2. The Trial Court held that the plaintiffs have got easement right over the plaint schedule property, that the plaintiff's predecessor in interest have used the plaint schedule pathway for the statutory period and therefore they are entitled to the declaration and injunction prayed for. On appeal by the defendant, the lower appellate court, namely the District Court of Kottayam has reversed the decree of the Trial Court and dismissed the suit. According to the learned District Judge, the user of the land by the plaintiffs could only be on a
























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