A B C INDIA INTERNATIONAL Vs. DUGLAS RABINDRAN

JUDGEMENT

(1.) PLAINTIFF in O.S.No.490 of 1987, who is also the defendant in O.S.No.9 of 1991, is the appellant in both these appeals. O.S.No.9 of 1991 was filed by the legal representatives of one Mrs. Dare for a declaration that they are the owners of the passage described as ABCD in the plaint and, for a mandatory injunction against the defendant to remove the chain and lock and the bar fencing. O.S. No.490 of 1987, was filed by M/s A.B.C. (India) International, represented by its Manager, against Mrs. Dare for a declaration of their title to B Schedule property and for a permanent injunction.

(2.) THE suit property is a portion of land of an extent of 18 x 800, measuring 33 cents in S.No. 243-3D, Pudupakkam Village, Chengalpet District. THE appellant, who was unsuccessful in both the Courts below, has filed the above appeals.

(3.) THE short question that arises for consideration in these appeals is whether this bit of land measuring 18 x 800 of an extent of 33 cents, which is shown as S.No.243-3D belongs to the appellant exclusively or whether this is a common passage for the respondents and also to go to their property situated on the north and whether the findings of the Courts below are vitiated by application of wrong test and ignoring the weight of evidence on the side of the appellants.