feet width pathway to an extent
of further 6 feet and laid the pathway by including the 6 feet width.
21. He would further contend ... adding
six feet width. While so, the defendants have to prove their contention
that the width of the pathway is only 3 feet. However
Building II, have the exclusive right to use the 12 feet width pathway.
32. Since the defendant has taken a definite stand that right from ... passage of the appellant (defendant) in respect of the 12 feet width pathway. He has also submitted that if the 12 feet width pathway
would refer to the suit common pathway of width
of of 2 + C.C. and in fact, from the evidence, it could be seen pellucidly ... pathway having a width of 6.8 feet. There is no
basis at all to hold that the width of the common pathway was only
pathway was 9 feet. The
aforesaid pathway was never used as cart track and it has been used
only as pathway and even ... schedule B property as pathway. In this case, in Ex.A1 sale deed,
pathway has been mentioned but the width of the pathway
extent of 15' width, but only 10' width. On that basis, decreed the suit to use the pathway with 10' width running ... Subbarayan did not speak about either the existence of 15 ft. width pathway or the same pathway was used by his grandmother Pavaiammal. But, contrary
wide
pathway. However, it granted a decree declaring that the pathway is a
common pathway with a width of 4.7 feet on the north ... pathway and not about the existence
of the pathway or its length. The plaintiff seeks a right of pathway over a
width
favour of the
plaintiffs only in respect of the 20 feet width pathway shown in red
colour in the plaint and accordingly granted the reliefs ... abovesaid determination, accordingly, barring the abovesaid extent of
of 20 feet width pathway as declared in O.S.No.474/1992, granted the
reliefs
properties through the red-
washed pathway shown in the plaint plan. The said pathway is about 10 feet
width. Except the said pathway, there ... pathway is 3 to 7
feet and after the Commissioner's inspection, he has stated that the pathway is
1 . feet width
injunction not to cause interference in his enjoyment of 20 ft.
width pathway on the north to south and on the east to west, there ... width pathway said to be included in Survey No.12/2 against the Government.
According to defendants/Government, the property in Survey
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
