southern sides of the nadathara and widened
the same as a pathway with width ranging between 8 to 12 feet to a
CRP No.1031 ... acceptance. When a 2 feet wide
nadathara is widened as a pathway having width ranging between 8 to
12 feet by utilizing lands situated
entire pathway between the two drains stood dedicated to the
public; and the fact that only a part of the pathway was
metalled would ... public pathway. The fact that only a part of
the pathway is metalled does not necessarily limit the width
of the pathway
that there is no determination of the question of the width of the pathway. I think there is evidence to show that the width ... this: that this has been the width ever since 1866. The learned Judge has restricted the pathway to its use as a footpath
part of the public pathway as in the circumstances it was reasonable to hold that the entire pathway between the two drains' was dedicated ... pathway is metalled does not necessarily limit the width of the pathway, but it is evidence of the user of the pathway by the public
shown in the plan.
(ii) Pathways: There are pathways along the boundary and also within the property of a width of three feet. Along ... pathway there is a stone revetment wall. The pathways are all round and they are marked in dotted red line in the plan.
(iii) Buildings
fact that only a part of the pathway is metalled does not necessarily limit the width of the pathyway; (3) the Municipality has the exclusive
Commissioner's report which showed
that the pathway has varying width. No appeal has been
preferred against that finding.
28. In the light ... trial court declining to grant relief in respect of
the pathway shown as item No.2 extending beyond 58 feet upto
Court of first instance held that the pathway beyond 3 cubits in width had been obstructed for seven years before the suit and apparently treating
drains. It is, therefore, reasonable to hold
that the entire pathway between the two drains was dedicated to the public.
It is a common feature ... public pathway.
The fact that only a part of the pathway is metalled does not necessarily
limit the width of the pathway
wide and there is no dispute that the
said pathway is a common pathway to be used by the plaintiff and
the defendants ... plaint by the appellant. Had the surveyor
properly noticed the width of the common pathway of the
Schedule 4/B he would have come
