PARVATHI Vs. K K BELLAN

JUDGEMENT

(1.) The defendants, who were successful in the trial Court and lost in the First Appellate Court are the appellants. The respondent/plaintiff filed a suit for declaration that the suit property is a common pathway and he has got right to use the pathway, which is situate eastern side of the defendants' property and for permanent injunction.

(2.) The case of the respondent/plaintiff was that the property in S.No.684/1 in Naduhatty village was originally having an extent of 60 cents and it was owned by four person and the said owners contributed or donated an extent of 20 cents to the Government for constructing a school and the respondent/plaintiff purchased 5 cents from one of the owners, who was entitled to 15 cents in S.No.684/1 and the respondent/plaintiff has constructed a house and was using the pathway on either side of the house.

(3.) It was the further case of the respondent/plaintiff that the defendants constructed a small house opposite to the plaintiff's house facing the main road and are preventing the respondent/plaintiff from using the pathway running from the main road to reach his new house and therefore, the suit was filed for declaration and injunction.