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IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
UMADEVI PILLAI D/O.KARTHIYANI PILLAI, ALOOR VEEDU, PERINAD INCHIVILLA, KOLLAM – Appellant
Versus
SIVASANKARA PILLAI(DIED) (LHRS IMPLEADED) S/O. KRISHNA PILLAI, OMASSERRIL ABHILASHIL, PERINGALA MURI,KAYAMKULAM-690502. – Respondent
| Table of Content |
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| 1. property titles related to partition must be clearly delineated in re-survey. (Para 2 , 3) |
| 2. substantial questions of law concerning title and access rights are critical. (Para 4) |
| 3. contentions about easement rights complicate property access claims. (Para 5 , 6) |
| 4. court must evaluate evidence for access rights adjacent to contested properties. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 5. final verdict confirms partial allowance of appeal concerning title. (Para 14) |
J U D G M E N T
This appeal arises out of the judgment of the Additional District Court-I, Mavelikara, in A.S No.66/2004 which reversed the findings of the Munsiff’s Court, Kayamkulam, in O.S No.523/1999.
2. The brief facts necessary for the disposal of the appeal are as follows:-
The plaintiff and the defendants derived right title and interest over the respective properties by virtue of a partition deed No.5118/1959. The plaint schedule property form part of the plaintiff’s share of 64 cents. According to the plaintiff, 2¼ cents of property was mistakenly shown in the property of the defendants in re-survey. The plaint schedule thus consist of 2¼ cents, and the defendant has no title over it and hence the s
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