JUDGMENT

This appeal arises out of the concurrent findings of the Principal Munsiff Court, Kasaragod, in O.S. No. 346/1999, a suit for a declaration that the pathway in question is a private pathway and does not belong to the public, as affirmed by the Subordinate Court, Kasaragod, in A.S. No. 62/2007.

2. The brief facts necessary for the disposal of the appeal are as follows:

2.1. The plaintiffs claim that 9.74 acres of land originally belonged to them as per sale deed dated 03.09.1957. There existed a residential house and other buildings in the aforesaid property. A portion of the plaint A schedule property is claimed by late K.Narayana by way of agricultural tenancy. A private road branching from NH-17 passes through R.S.Nos.111/1A, 112/2 and 112/1 of Kasaragod Kasba Village. The said pathway is marked as ‘R’ in the eye sketch produced along with the plaint. A branch road from road ‘R’ is marked as ‘R1’ in the eye sketch. Thus the plaintiffs claimed that the pathway covered by ‘R’ and ‘R1’ are private property and therefore, the defendants do not have any right over the same. The defendants 1 to 4, in collusion with the others, have put up bulbs and tube lights after drawing new e