(1.) This Second Appeal is directed against the Judgment and Decree, dated 30.08.1996 made in A.S. No. 51 of 1994 on the file of the Principal Subordinate Judge, Erode confirming the Judgment and Decree, dated 30.11.1995 made in O.S. No. 1325 of 1984 on the file of the II Additional District Munsif, Erode. The Appellants herein were Defendants 1 and 3 to 10 in the Suit referred to above and the Suit was filed by the Respondent/Plaintiff, seeking (a) declaration of title of 'A' schedule of property and delivery of possession of the same; (b) declaring that the 18 links broad passage shown as 'B' schedule as common passage to the Plaintiff and the Defendants and for permanent injunction restraining the Defendants from interfering with the Plaintiff's right of passage over the 'B' schedule of property; (c) mandatory injunction directing the Defendants to remove the gate, hayricks etc., so as to enable the Plaintiff to use the 18 links broad passage to reach the canal on the south; and (d) permanent injunction restraining the Defendant from interfering with the Plaintiff's enjoyment of 'C' schedule property.
(2.) The Trial Court, decreed the Suit as prayed for, aggrieved by which, the Defendants preferred Appeal in A.S. No. 51 of 1994 before the Court below. Subsequently, the Second Defendant was reported dead, his Legal Representatives were brought on record as Respondents 3 to 10. The First Appellate Court, after hearing both sides, confirmed the Judgment and Decree passed by the Trial Court and dismissed the Appeal, against which, this Second Appeal has been preferred.
(3.) In the Second Appeal, the following substantial questions of law have been raised by the Appellants: