J U D G M E N T

This appeal is filed by the defeated plaintiffs in a suit for declaration of title, fixation of boundary, recovery of possession and injunction, against the defendant over the plaint E schedule property. Both courts below have concurrently found against them. In this appeal the appellants confine their claim to the right of way over the E schedule property and therefore request this Court to deal with the right of easement by grant over the E schedule pathway.

2. Brief facts necessary for the disposal of the appeal are as follows:-

By a Partition Deed dated 18.08.1973, the plaintiffs were allotted 1 Acre 24 cents shown as A schedule property in the plaint. Later on 02.02.1988, there was an intestate partition between the sharers to the A schedule property, that is the plaintiffs. Out of 1 Acre 24 cents, 54 cents was sold to one Sivasankara Pillai, as per sale deed dated 10.08.1992. Later, Sivasankara Pillai tr