common passage.
5. The Trial Judge framed the following issues:-
1.Whether the plaintiff is having any right over the common pathway ?
2.Whether ... pathway measuring 2.6' was extended to 3' pathway. The second question is, how and when the common pathway became the absolute pathway
Selli Gounder, has got to be treated as common pathway, as the extent of document to which the property has been purchased, referred ... item No.1 mentioned in Ex.A-1 supra, there exists common pathway from time immemorial and that has got to be used by both
described in the schedule of plaint as under:-
Property used as common pathway comprised in R.S.No.1147/4 (Part) starting from ... feet common pathway leading from Lakshmipuram Second Street to Lakshmipuram Building I. The pathway will be used as common by the plaintiffs and the defendant
adjoins the pathway kept in common by the three brothers who got S. No. 680 divided leaving a common pathway for reaching their respective shares ... common thrashing floor. Cases of extension of balcony over a common passage also stand on the same footing. The principle underlying the enjoyment of common
southern boundary is not shown as common pathway.
But it is only stated as vendors' own land. In such a case ... said pathway is available for those having lands to the south of the
pathway. English translation of such description of pathway in Tamil
joining the said pathway with poramboke pathway for the purpose of using the pathway as a cart track is also admitted.
3.The first defendant ... other pathway has been prescribed and not the suit pathway.
9. What is the interpretation to be given with reference to usage of common pathway
exclusive right of
pathway of the plaintiff and the second defendant over the suit pathway as his
private pathway and for removal of encroachments made ... suit pathway as the
suit pathway is meant for those who are owning lands to the south of suit
pathway and the suit pathway
pathway as an easement of necessity and on the other hand, he claimed ownership over the property stating that the pathway is a common pathway ... about the pathway one cannot presume that there was no pathway in existence. Further, in the survey plan one cannot expect the pathway
lines over the land situated in Survey No.314/3C, a common pathway, owned by the petitioner and respondents 3 and 4 and in such ... land in Survey No.314/3C has been described as a common pathway, for the lands situated in Survey Nos.314/3B. The petitioner
pathway is quite
antithetical to the common or garden principle that the parties entitled to use
the common pathway should adhere to the catchy phrase ... used as a common passage only. Trite, the proposition of law, is that if the
common pathway has to be used by the persons concerned
