R CHITRA Vs. V A MAVALIRAJAN

JUDGEMENT

(1.) This Second Appeal is filed the at the instance of the legal heirs of the Plaintiff in OS. No. 3684/1999, who died after passing of the decree by the Trial Court and has been entertained on the following substantial questions of law:

(2.) The above said Suit was instituted by the Plaintiff/mother of the Appellants herein for declaration that the Plaintiff has got the absolute right of access and use of the passage starting from Kalingarayan Street, Chennai-21 and going straight upto the building at Door No. 9, Kalingarayan 1st lane, Chennai-21 marked as 'ABCD' in the plaint plan and for injunction restraining the Defendant from interfering with the Plaintiffs possession and enjoyment of the said passage.

(3.) The case of the Plaintiff as set out in the plaint is as follows: