other
evidence to show as to how the 6ft. width of
pathway is necessary for them to reach the street.
As stated above, additional burden ... same
time, the respondent/plaintiff also cannot claim
6ft., width of pathway, which was not given under
Ex.A1 settlement deed
Compound Well of Vikekananthan Saw Mill
West By: 285 x 25 width pathway in the possession of the vendors ... Bounded on:
North By: North-South 30 Ft Width East West Common Pathway
South By: Saw mill belongs to Rathinaraj Vakayara
West By: Kutralam
enjoyment of the plaintiffs over
ABCD pathway and for mandatory injunction to remove the encroachments
made in the pathway.
3. For the sake of convenience ... father PeriyaMatran Madhari purchased the house
along with 4 ½ feet width pathway from Murugandi Madhari by virtue of
sale deed dated
Justus are
having neighboring houses and there is a 2 feet width
pathway. So the petitioner purchased 168 Square links and
12 links vacant land
land by expanding the existing pathway.
8. Infact the agreement of sale indicates that there
existed a pathway width of 4 to 5 feet ... clear that the petitioners essentially admitted
the existence of pathway of 4 to 5 feet width and had
offered to sell the adjacent portion
feet is a common pathway. The claim of the petitioners herein is
that there is a pathway only with a width of 3 feet ... pathway with an width of 3 feet is accepted by the defendants. Now the width of the
pathway is in dispute. The defendants also filed
submit that the proceedings dated 08.01.1997 is for three
metres width. There is a pathway, which is in existence for more than
100 years ... premise that what has been given
is only one metre width of pathway, which, as we have already stated
above, can at best constitute
predecessors in title for more than 60 years. The foot pathway having a width of 7 links on the northern side of the said path ... well as the defendants' property as well as 15 links width pathway ABCD as well as seven links pathway EFGH. On the southern side
respondents/defendants have 13 cents. According to the appellant, width of the
disputed pathway is only 6 = links. He constructed compound wall on the west ... resisting the suit made a counter claim. According to them
width of the pathway is not 6 = links as pleaded by the appellant
that it may be specified that a proper and
suitable pathway having the same width as C schedule pathway
is laid along the western boundary ... willingness expressed by the appellants to provide an
unobstructed pathway of the same width along the western
boundary of the property will have
