SAKTHIVEL, Vs. V. KANNIYAN,

JUDGEMENT

(1.) THE defendants in the suit are the appellants.

(2.) THE case in brief is as follows: - The plaintiffs filed a suit for declaring their right to use the common municipal lane A B C D E F G H and permanent injunction and also for mandatory injunction directing the defendants to remove the obstruction at points A H B C J K and F G and other obstructions. The plaintiffs and the defendants are residents of the north -south 10 feet common lane branching off from Periya Onkaliamman Koil Street, Thiruchengode. They are having houses in the lane. This is the lane through which the plaintiffs and the defendants reach their houses from the street and also take their men, carts, cattle, etc., all these years. There is no other passage. Defendants 1 to 3 are the sons of the 4th defendant. The lane is vested with the Municipality and they have also laid water main drawn from the main in Ongaliamman Koil Street towards north upto Harijan Colony. The Municipality has also constructed a drainage and electrified the lane. In the sale deeds and the prior title deeds of the parties, the 10 feet lane is mentioned as boundary. The defendants dug up a foundation across the lane at point A H and constructed steps to make it impossible for the plaintiffs to take their carts, cattle, etc,. The complaints to the police and other authorities were of no avail. The defendants in order to wreak vengeance had put up a Pandhal at point B C J K blocking the lane and also constructing steps. On account of this act, the length of the lane has been very much narrowed making it impossible for them to pass through the lane. Hence the suit.

(3.) HEARD the learned counsel for the parties.