JUDGMENT

The plaintiff in O.S. No. 115 of 1998 on the file of the Munsiff's Court, Chavakkad is the appellant in this Second Appeal. The said suit was one for a perpetual injunction restraining the sole defendant therein from obstructing the plaintiff using the plaint B schedule pathway described as having a length of 100 feet and a width of 8 feet so as to reach the plaint A schedule property belonging to the plaintiff. The basis of the right claimed was an easement of necessity.

2. The suit was resisted by the defendant contending inter alia that there was no such way as was shown in the plaint B schedule and that the plaintiff has no right to use the strip of land lying to the south of the defendant's property as a pathway. 3. Both the courts dismissed the suit holding inter alia that a pathway as described in the plaint B schedule was not in existence, that a way starting from the tarred road on the west and running eastwards through the properties of one Kayyunni, one M.V. Muhammed Yusuff and thereafter the defendant for their use was in existence, that the plaintiff did not make the said Kayyunni or Muhammed Yusuff party to the suit and that even after the report and plan subm