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