there
was existence of pathway but their finding are that the said pathway is only
private pathway not public pathway. The courts below came ... converted into plots with pathway, it
has to be used as pathway for common purpose. Once the pathway created
said partition deed, the plaintiff claims that he got a pathway right to an extent of 6 ft. width from north-eastern corner ... pathway, additional burden would be thrown on the servient tenement by taking drainage over the pathway or by laying underground pipeline through the said pathway
Company, the nearby land owners have lost their usual pathway rights. Till date, no permission is granted by the Government as such sought ... company, the nearby land owners have lost their usual pathway rights. This apart, the Government also has not granted any such permission as such sought
appurtenance thereon with all pathway rights situated with the following boundaries
North of East West road
South of Appachi Gounder Vahayara land
East of North ... appurtenance thereon with all pathway rights situated with the following boundaries
North of East west Road
South of Appachi Gounder vahayara land
East of item
said Valasai Village. The
pathway has been earmarked in forest land register and it was classified as
pathway right in Serial No.18 from time ... pathway applied for is essential.
Accordingly, the
claimant and his successors are
permitted to use the pathway.
1913 Masanam Servai, (1) Right over
subject to a right in the public in the nature of easements or a right of occupation of surface. The pathways vested solely ... matter of right and this right is limited only by the similar rights possessed by every other citizen to use the pathways. The State
ancestors, being parties to Exs.A2 and A3, whether any right of pathway contemplated therein would be binding on D1 and D2?
2. Whether ... relating to a case where the document specifically contemplates the right of pathway and hence the court enforced it.
26. However, here the factual circumstances
pathway as common pathway.
5. The trial Court has found that the plaintiff claims ownership in
the second schedule property (the pathway ... plaintiff prescribed easementary right. But, the plaintiff admits in
evidence that he claims only proprietary right in that pathway and not
easementary right. Therefore
easementary right over the plaint B-
Schedule property. The document Ex.A1 dated 17.02.1988, not only refers to
the right of pathway through ... right of easement
over plaint B-Schedule property. When the declaration itself is regarding the
right to use 'B' Schedule as 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 ... with the Government properties or pubic right and right to
public pathway and therefore, such rights of the general public
can be preserved only
