CHINNANAN Vs. SIVANMALAI GOUNDER

JUDGEMENT

(1.) This appeal is directed against the concurrent finding of the Courts below allowing the suit for declaration and injunction in respect of cart track marked as "ABCD" in the sketch attached to the plaint.

(2.) The brief facts:

(3.) The suit was resisted by the defendant on the ground that the "ABCD" pathway is not a common pathway. It absolutely belongs to the defendant. The well situated in S.No.587-C is also not a common well, but absolute property of the defendant over which, the plaintiff has no right. From East of S.No.587-C, there is a pathway running from North to South, which is used by the defendant to reach his land and take his cattle, cart and vehicles. The suit is against the terms of the partition deed between the sons of Chennimalai gounder. There is no pathway at "AB" point. There is a '8' feet pathway on the east side of the common well W1, there is a way leading to the land on the southern side. The pathway laying on the southern side of the well is exclusively enjoyed by the defendant.