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2019 Supreme(Online)(KER) 63571

RUKMANI – Appellant
Versus
MEJO – Respondent


Advocates:
P.M.ABDUL JALEEL (KODUNGALLUR), SRI.A.G.VISWAMBHARAN

JUDGMENT

1. Appellant is the plaintiff. She sued for declaration of easement and for injunction to protect the easement. Her claim was easement by prescription. Her suit and appeal met dismissal.

2. The case of the plaintiff is stated below : She owns plaint A schedule property. She bought it under Ext A1 sale deed. It is a portion of a vast extent of paddy field. The B schedule property is owned by the defendants. The C schedule pathway which starts from the public road runs through the B schedule property on its southern extremity. The C schedule pathway reaches the D schedule ridge of the vast paddy field. The D schedule ridge reaches the A schedule paddy field of the plaintiff. The E schedule property is the residential property of the plaintiff. She and her family members take cattle from the E schedule property to the A schedule paddy field through the C schedule pathway and the D schedule ridge. They take the same route to go to the A schedule property to do cultivation therein. The plaintiff has a right of easement by prescription and also an easement of necessity to use the C schedule pathway for the aforesaid purpo

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