L GOVINDARAJULU CHETTIAR Vs. V N SRINIVASALU NAIDU

JUDGEMENT

(1.) THE defendant is the appellant. The suit was for declaration of the plaintiffrespondent's title to the suit item and for injunction restraining the appellant from interfering with the respondent's peaceful possession of the suit property.

(2.) ON 30-6-1958, the respondent-plaintiff purchased the suit property and has been in possession and enjoyment thereof ever since. The suit item is of an extent of 1. 52 acres in S. No. 248/2. B, Chikkavasampalayam village. On 12-5-1964, the defendant trespassed into the same and attempted to lay a road 30-ft. wide. On these allegations, the respondent brought the suit for the said reliefs.

(3.) THE appellant-defendant contended that originally S. No. 248/2. B, of an extent of 2. 06 acres, which was divided into a number of house-sites, belonged to one 5-1945, he sold seven sites to one Guruswami Naicker, specifically mentioning a 30-ft, road on the south of the sites. On 29-10-1962. Guruswami Naicker sold the entire property to one Thirumakkal, the mother of the defendant, and, in a partition made on 15-5-1963, this was allotted to the defendant. The remaining plots were sold by Subbiah Chetti to the plaintiff on 30-6-1958. This 30-ft, road is demarcated by masonry basement wall. In 1952, Thirukammal applied to the municipality for construction of a building in the first block, showing the layout of the road. The plaintiff and his predecessors were using the road as access to their plots. While the defendant wanted to re-lay the road, the plaintiff obstructed it. There is no other access to the remaining plots of the defendant. The original vendor himself lose his title to the 30-ft. road since 1945. Now, the plaintiff cannot claim any right in this road. All the owners of the plots abutting the 30-ft, road are entitled to this 30-ft, road. By the grant of the original owner, this has become the common property of the owners of the sites abutting the road. The defendant has also perfected his right by prescription.