VEDAVALLI AMMAL Vs. KATHAYI AMMAL

JUDGEMENT

(1.) THE defendant who lost before the lower appellate court has filed the present second appeal.

(2.) THE plaintiff filed the suit for declaration of title and possession over a land. The case of the plaintiff is that she purchased the property 72 feet on the east and 68 feet width on the west. Beyond that there is a lane of 3 feet on the northern side and one foot on the south adjoining the property. The plaintiff also claimed right of easement namely right to take water and right to drain water through the lane. The case of the plaintiff is that she was also taking water and draining sewerage through that lane. Therefore, the suit for declaration and title over the suit lane. The trial court dismissed the suit on the ground that the plaintiff has not proved his case. On appeal, the appellate court also dismissed the claim for title over the property but held that the petitioner is entitled to easementary right over the same. Against that judgement and decree of the appellate court, the second appeal has been filed.

(3.) THE second appeal was admitted on the following substantial questions of law: