P. MARIMUTHU Vs. K. KALAIYARASAN

JUDGEMENT

(1.) This Second Appeal is filed challenging the Judgment and Decree passed in A.S.No.57 of 2019, dtd. 28/11/2019 on the file of the Additional District (Fast Track Court) Mettur, reversing the Judgment and Decree passed in O.S.No.215 of 2014, dtd. 14/2/2019 on the file of the Subordinate Court, Mettur.

(2.) The appellants herein, have filed a suit seeking relief of declaration of the right of the User/plaintiffs over the suit cart-track, for consequential permanent injunction restraining the defendants 3 to 5 from in any way erecting any gate at the entrance or wire fencing on the sides of the suit cart-track to the full length of the property.

(3.) The case of the appellants is that they have landed properties at S.Nos.155/2a, 148/3, 147/4b, 145/1a, 145/1b, 145/1c, 146/1b and 146/2a at Pottaneri Village, Mettur Taluk. To reach their agricultural lands, the plaintiffs entered into an agreement with the fourth respondent herein, who is the first defendant in O.S.No.215 of 2014, to use the cart-track from Pooralakuttai Panchayat road to a breadth of 45 links to the entire length of the suit properties. This Agreement was reduced into writing on 23/1/2014 and registered at the Sub Registrar Office, Mecheri as document No.171/2014. As per this Agreement, the fourth respondent herein, granted the 'right of cart-track'. The right to use of cart-track to take cattle and also heavy vehicles through this cart-track was given to the appellants by the fourth respondent herein. It was also agreed that the appellants and the fourth respondent and their respective successors have the right to use this cart-track in continuation. It was also agreed that neither the appellants nor the fourth respondent should disturb or interfere with the use of cart-track by both the parties.