PURUSHOTHAMAN PILLAI S/O. KUNJURAMAN PILLAI, AGED 68, RESIDING AT SAJI BHAVAN, THUMBODU ANAKUDI MURI, VAMANAPURAM VILLAGE, THIRUVANANTHAPURAM Vs. SUDHEER, AGED 42, S/O. KUTTAN PILLAI, RESIDING AT CHITHRALAYAM, PERIMELL, MITHURMALA, ANAKUDI MURI, KALLARA VILLAGE, THIRUVANANTHAPURAM 695 588
LAWS(KER)-2017-3-36
HIGH COURT OF KERALA
Decided on March 15,2017

Purushothaman Pillai S/O. Kunjuraman Pillai, Aged 68, Residing At Saji Bhavan, Thumbodu Anakudi Muri, Vamanapuram Village, Thiruvananthapuram Appellant
VERSUS
Sudheer, Aged 42, S/O. Kuttan Pillai, Residing At Chithralayam, Perimell, Mithurmala, Anakudi Muri, Kallara Village, Thiruvananthapuram 695 588 Respondents

JUDGEMENT

B. Kemal Pasha, J. - (1.) Where an easement by grant is created, can its user be restricted by imposing conditions, together with the grant ?
(2.) Challenging the concurrent findings entered by the Principal Munsiff's Court, Nedumangad in O.S.No.225/2001 followed by those of the Subordinate Judge's Court, Nedumangad in A.S.No.77/2006, the plaintiff in the suit has come up with this second appeal.
(3.) The suit is one for declaration of title and possession of the plaintiff over plaint A schedule property, which takes in the plaint C schedule pathway also. Other consequential relief of perpetual injunction has also been sought for. According to the plaintiff, the 2nd defendant has made attempts to encroach into the portions of plaint A schedule property and to put up constructions in plaint C schedule pathway, and hence the suit.;


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