JUDGMENT

The plaintiff in O.S. No. 94 of 2006 on the file of the Sub Court, Manjeri is the appellant in this Second Appeal. The said suit was one for a declaration that the plaint A schedule properties are exclusively owned by the plaintiff and for a consequential prohibitory injunction restraining defendants 2 to 4 from using the disputed way alleged to be the part and parcel of the plaint A schedule properties and also from preventing the plaintiff from soling and tarring the disputed way.

2. According to the plaintiff, it is a charitable trust by name Good Shephered Educational and Charitable Trust and the road in question is a private road belonging to and passing through the plaint A schedule property consisting of 13 items constituting a school and its compound. The defendant would contend that the plaintiff has no title or exclusive possession over the disputed road which is a road vested in the Chungathara Panchayat, i.e., the 5th defendant.

3. The trial court dismissed the suit holding that the plaintiff has not proved the title and exclusive possession over the road in question. On appeal by the plaintiff as A.S. No. 48 of 2007 before the District Court, Manjeri, the learned