pathway in
question is a public pathway which is being used by
generations and the fact that the pathway in question is a
public pathway ... same is not a public
pathway. But according to the respondents, the pathway is a
public pathway having a width of 12 links. The above
usage of the pathway.
10.The burden is upon the plaintiff to prove that the pathway is available
and the width ... pathway is 10ft. Though in the first defendant's sale deed,
the pathway was not mentioned, on the ground a pathway of 10ft.width
easement over a pathway and for
injunction. The pathway is described as 'B' schedule, having
a width of three meters and length ... schedule
pathway was disputed. Among other contentions, the
respondents contended that the pathway is having only a
width of 7 to 7.5 feet. However, later
disputed pathway
has not been properly appreciated by the courts below.
3. Ext.A1 states that a pathway having width of 4 feet ... reported that disputed
pathway has no uniform width. Ext.A1 provided width of the pathway
as only 4 feet. In the absence
width of 5
metres. The contention before this Court is that the
Commissioner deputed by the court has found that the
width of the pathway ... relevant
register maintained by the panchayat. That shows that the
width of the pathway is 5 metres.
6. The contention of the petitioners is that
schedule item No. 3 is a pathway having a width of 2 metres and
starting from the aforesaid municipal gravel road and running
northwords through ... from the plaint
schedule item No.2].
b) A pathway having a width of approximately 2
metres passing almost through the middle of the plaint
date of the suit or
prior to that a pathway of a width of 12 feet or even of a
lesser width to the north ... suit and long prior to that there was no pathway
of a width of 12 feet or even of a lesser width to the north
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
appellants, respondents conceded
that they are satisfied with a pathway having width of 3.5
feet. Accordingly right of access was confined to a pathway
having ... accept that since it is specifically
pleaded that the disputed pathway had a width of five feet and
length of 60 feet
cannot permit the
petitioner herein to use the entire 6 cents as pathway.
14. The contention of the respondent herein is
fully justified. It cannot ... chosen
to seek delivery of the balance property leaving 10 feet
width pathway from the northern end for ingress and egress
from the Panchayat road
