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 suit for declaration and injunction was filed. The defendants resisted the suit by contending that the plaintiff does not have any right title and interest over the plaint schedule property. That apart an alternate plea regarding a right of easement by necessity was also raised. The defendants also derived title over their respective property by virtue of the allotment made in the partition deed. Therefore, the defendants contended that the plaint schedule property is the only ac