CHAKRAPANI NAIDU Vs. G. BABU

JUDGEMENT

(1.) The appellant herein is the first defendant in the suit filed for declaration and permanent injunction in respect of easmentary right over a narasam (sanitary lane) marked as 'ABCDEF' in the sketch attached to the plaint.

(2.) The parties are described as per their status and ranking in the suit.

(3.) The case the plaintiff: On 06/11/2000 the plaintiff purchased 5 x 54 feet vacant land from one Selvam in T.S. No.182/2D/2 in Tiruppukudal Street, Kanchipuram Town under a registered Sale Deed along with the right of way through the 3 feet narasam joining Tiruppukudal Street. The said property and a tiled house measuring 11 x 37 facing Tiruppukudal street was purchased by Selvam from one Lakshmi Ammal on 01/09/2000. The said Selvam retaining the house portion and sold the back yard vacant portion measuring 5 feet (east west) by 54 feet (north south) to the plaintiff. The sale deed is annexed with the sketch showing the portion sold to plaintiff and portion retained by the vendor Selvam. For more than 20 years the suit narasam has been used by the plaintiff and his predecessors-in-title. To the suit property, the narasam is the only access. While so, the defendants, who are the owner of the house and house site located on the Eastern side of the plaintiff's property tied rope in portion marked as 'BE' in the rough sketch annexed to the plaint and preventing the plaintiff from having access to the property. Hence, suit to declare the plaintiff's right of access to the suit property through 'ABCDEF' narasam and consequential permanent injunction restraining the defendants and their men from putting up any obstruction or construction in the 'BCDE' narasam portion.