P V SELLAMUTHU VENKATACHALA GOUNDER Vs. RAJASEKARAN

JUDGEMENT

(1.) S.A.No.1343 of 2001: The Appellants/Plaintiffs have preferred this Second Appeal as against the Judgment and Decree dated 26.02.2001 in A.S.No.6 of 2000 passed by the Learned Sub Judge, Bhavani, in confirming the Judgment and Decree dated 02.12.1999 in O.S.No.595 of 1996 on the file of the (Learned Additional District Munsif Court, Bhavani) passed by the Learned Principal District Munsif (Incharge), Bhavani. S.A.No.1344 of 2001: The Appellants/Defendants 1 and 2 have projected this Second Appeal as against the Judgment and Decree dated 26.02.2001 in A.S.No.5 of 2000 passed by the Learned Sub Judge, Bhavani, Erode District in confirming the Judgment and Decree dated 02.12.1999 in O.S.No.615 of 1996 on the file of the (Learned Additional District Munsif Court, Bhavani) passed by the Learned Principal District Munsif (Incharge), Bhavani.

(2.) THE First Appellate Court, viz., the Learned Sub Judge, Bhavani, Erode District, while passing the common Judgment and Decree dated 26.02.2001 in A.S.No.5 of 2000 and A.S.No.6 of 2000, respectively, arising out of the common Judgment and Decree dated 02.12.1999 in O.S.No.615 of 1996 and O.S.No.595 of 1996, respectively, has among other things observed that 'although in Exs.A1 and A2-Sale Deeds, dated 08.03.1967 and 22.06.1944, there is a mention of track, but, in all revenue records, the aforesaid R.S.No.234/4 has been shown as 'detailed channel' and it is classified as such in revenue records and further, that as per Exs.B17 to B20, R.S.No.234/4 has been established as a 'detailed channel' and therefore, as claimed by the Appellants/Plaintiffs, the aforesaid R.S.No.234/4 cannot be used as cart-track by them and that the Plaintiffs in O.S.No.615 of 1996 are entitled to get the relief of declaration in respect of ABC portion shown as 'detailed channel' and through this channel, cart, cattle and vehicles cannot pass through to proceed to R.S.No.236/1 and accordingly, granted the relief of permanent injunction, but, negatived the relief of damages/compensation, since no documents have been filed to prove that loss has been sustained by the Defendants because of the Plaintiffs and accordingly, dismissed the Appeals without costs, thereby confirming the common Judgment and Decree of the trial court dated 02.12.1999 passed in O.S.No.595 of 1996 and O.S.No.615 of 1996.

(3.) AT the time of admission of the Second Appeal No.1343/2001, the following Substantial Questions of Law has been formulated for determination: