MALAIYANDI NAICKER Vs. JANAKIRAMAN

JUDGEMENT

(1.) The plaintiff is the appellant.

(2.) The plaintiff filed O.S.No.38 of 2015 before the Principal District Munsif Cum Judicial Magistrate Court, Kamuthi, Ramanathapuram District for declaration of title and consequential injunction. The suit was dismissed by the trial Court. The plaintiff filed A.S.No.129 of 2017 before the Subordinate Court, Muthukulathur. The appeal was also dismissed. As against the same, the present second appeal has been filed by the plaintiff.

(3.) The plaintiff had contended that the suit schedule property is located in Survey No.432/18. Immediately, on the north of the suit schedule property, the plaintiff's house property is located in Survey No.432/19. According to the plaintiff, in the south of the suit schedule property, the plaintiff has left out 1 1/2 feet and the defendants on their northern side has left out 1 1/2 feet so as to create a 3 feet common pathway. The said pathway is also reflected in Exhibit A1 partition deed entered into between the first defendant's grandfather and his brother. According to the plaintiff, the boundary recital in the said document would reflect that the northern boundary is the plaintiff's property.