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IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
SAJEEVAN – Appellant
Versus
NANDANAN & OTHERS – Respondent
| Table of Content |
|---|
| 1. claim of easement by prescription over a pathway. (Para 1 , 2) |
| 2. ratio decidendi on procedural justice and easement evidence. (Para 3 , 4 , 8) |
| 3. arguments regarding the need for amendment and proof of easement. (Para 5 , 6) |
| 4. court's observations on the errors of the appellate court. (Para 9 , 10) |
| 5. final decision to allow the appeal and remand for consideration. (Para 12) |
JUDGMENT
The plaintiff in a suit for injunction is before this Court aggrieved by the reversal of the judgment and decree in O.S.No.242/2007 of the Munsiff Court, Wadakanchery, by the District Court, Thrissur in A.S.No.263/2009.
2. The brief facts necessary for the disposal of the appeal are as follows:
2.1. The plaintiff claimed a right of easement by prescription and necessity over B schedule pathway having a length of 250 metres and a width of 3 metres. The plaintiff contended that A schedule property is having an extent of 152 cents and the B schedule pathway passes through the southern side of the plaint A schedule property towards west and that he is using this pathway for accessing A schedule property. Though easement by prescription and necessity were claimed, the plea of necessity was dis
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