SINGARAM Vs. RAMANATHAN

JUDGEMENT

(1.) Leave granted.

(2.) The respondent instituted the suit to declare that he has easementary right to reach his lands in the property by walking on the A, B,C,D ridges, which were stated to be situated in the centre of the appellant's land in Survey Nos. 461/8D, 8E, 9B and 9C. He also sought to establish his right to ride the cart on the lands in Survey Nos. 8E and 9C during the non cultivation period and as a consequential relief to pass a mandatory injunction restraining the appellant or his agent from using the right of the plaintiff. He further sought, as per the amended plaint, to pass a mandatory injunction to remove the barricades made by the appellant on the way shown in A point.

(3.) After written statement was filed and evidence was led, which included two Commission Reports, the Trial Court found that the respondent had failed to establish his right as claimed. It is further found that there was an alternate way to the respondent's land.