BALASUBRAMANIAN Vs. VELU

JUDGEMENT

(1.) The plaintiff in a suit for declaration of easement right of way and for mandatory injunction, is the appellant. The suit was dismissed concurrently by the courts.

(2.) The plaint 'A' schedule property belongs to the plaintiff as per Ext.A4 assignment deed. On the eastern side of the plaint 'A' schedule property is the plaint 'B' schedule property belonging to the defendant. 'C' schedule is the way claimed by the plaintiff for access to the plaint 'A' schedule through the northern portion of plaint 'B' schedule from the public road on the east.

(3.) The plaint schedule properties originally belonged to one Cheroolli tarwad. As per Ext.A1 partition in the family, of the year 1929, a larger extent including the plaint schedule properties was partitioned. Plaint 'A' schedule is item No.3 in Ext.A1 partition. Exts.A2 to A4 are the subsequent conveyances, Ext.A4 being the conveyance in favour of the plaintiff. The plant 'B' schedule was included as item No.15 in Ext.A1 partition. At the time of Ext.A1 partition, the said property was in the possession of Velu, the predecessor-in-interest of the defendants on a lease arrangement. To the east of the plaint 'B' schedule (item No.15 in Ext.A1), is item No.14 in Ext.A1. The said property also became vested with Velu under Ext.A6, Ext.A10 being its prior deed. Thus, the defendants' predecessor was in possession of the plaint 'B' schedule (item No.15 in Ext.A1) and item No.14 in Ext.A1. On the eastern side of item No.14 in Ext.A1 is a public road. The plaintiff claims that he has right of way as an easement of necessity through the plaint 'B' schedule for access towards the eastern public road. According to him, plaint 'C' schedule way is situated on the northern portion of plaint 'B' schedule which was being used by him. The suit is filed on the allegation that the defendants are causing obstructions to the enjoyment of the 'C' schedule way. Accordingly, the suit is filed for a declaration of easement right of way over the 'C' schedule, and for a mandatory injunction to remove the obstructions caused in the way.