KERALA HIGH COURT
, J
Mathai Varkey v. Thomas John
| Table of Content |
|---|
| 1. establishment of easement rights based on user. (Para 1 , 2) |
| 2. contentions regarding appropriateness of user. (Para 3) |
| 3. assessment of user and its implications on easement claims. (Para 4 , 5 , 6) |
| 4. interplay of permissive and as of right user in easement law. (Para 7 , 8 , 9) |
| 5. judicial precedent on long user as basis for prescriptive rights. (Para 10 , 11 , 12) |
| 6. court's rationale for dismissing the appeal. (Para 13 , 14 , 15) |
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 pr
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