M. RAJAGOPAL Vs. SURESH

JUDGEMENT

(1.) The plaintiff is the appellant.

(2.) The plaintiff had filed O.S.No.1240 of 2011 on the file of the III Additional District Munsif Court, Trichy for the relief of permanent injunction restraining the the first defendant or any person claiming under him from in any way interfering or preventing the plaintiff's right of user of the suit road shown in 'B' schedule property vested with the second defendant as access to 'A' schedule property. The said suit was dismissed by the trial Court. The plaintiff had filed A.S.No.11 of 2019 before the I Additional Subordinate Court, Trichy. The learned Subordinate Judge was pleased to dismiss the said appeal. As against the concurrent findings, the present second appeal has been filed.

(3.) The plaintiff had contended that he is the owner of 'A' schedule property by means of two sale deeds dtd. 30/3/1995 and 3/7/1995 under which he has purchased the same from one Thangaraj. According to the plaintiff, he is in possession and enjoyment of 'A' schedule property. The plaintiff had further contended that the said 'A' schedule property is located in T.S.No.23/2B. In the west of the said 'A' schedule there is a road in T.S.No.22/3 and T.S.No.8. The said road has been shown as 'B' schedule in the suit.