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IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
K.V.MAMMEN @ KUNJUMON – Appellant
Versus
THOMAS T MALI – Respondent
| Table of Content |
|---|
| 1. plaintiff claims easement by prescription. (Para 1) |
| 2. appellant raises points questioning courts' evidential findings. (Para 2 , 3) |
| 3. court supports lower courts' evidence-based conclusions. (Para 4) |
| 4. final decision favors plaintiff's claims; appeal dismissed. (Para 5) |
J U D G M E N T
The appeal is by the 1st defendant, non-suited concurrently in a suit for injunction filed by the plaintiff claiming right of easement by prescription. The plaintiff contended that he has a right of easement by prescription over item No.2 of the plaint schedule property, whereas item No.1 is in his possession. The plaintiff further contended that the pathway in existence was from time immemorial as used by his predecessor and now by him. In support of his plea that item No.2 pathway was being used for ingress and egress to item No.1, the plaintiff examined an independent witness as PW2. The 1st defendant / appellant resisted the suit by raising a dispute regarding the identity of the pathway in question. It was further contended that the pathway was closed down in the year
2001, thereafter, the plaintiff was not using the same. It was further contended that the pathway was carved ou
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