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IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
THE MANAGING DIRECTOR, KERALA SMALL INDUSTRIES DEVELOPMENT CORPORATION LTD. – Appellant
Versus
RAJU JOSEPH – Respondent
| Table of Content |
|---|
| 1. suit facts and lower court proceedings on easement claim. (Para 2) |
| 2. substantial questions on prescriptive right proof. (Para 3) |
| 3. rival counsels' arguments on easement and evidence. (Para 4 , 5 , 6) |
| 4. failure to prove continuous use and burden under section 15. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 5. reversal of appellate decree restoring trial court dismissal. (Para 15 , 16 , 17) |
J U D G M E N T
The defendant in OS No.30/2001 on the files of the Munsiff's Court, Ettumanoor, a suit for declaration of prescriptive easement right and permanent prohibitory injunction, has come up in the present appeal, aggrieved by the reversal of the dismissal of the suit by the first appellate court.
2. Brief facts necessary for the disposal of the appeal and the cross objection are as follows:
Three items of properties described in the schedule to the plaint are A, B and C. 'A' schedule property consists of 23 cents of land with a line building having 8 rooms. 'A' schedule property vested with the plaintiff by deed No.3234/1996 of SRO Ettumanoor. 'B' Schedule property of the defendant lies on the eastern side of 'A' schedule property. Ettumanoor – Neendoor public road passes on th
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