KALYAN SPINNING MILLS Vs. M. CHELLAPPAN

JUDGEMENT

(1.) The plaintiffs in the suit O.S.No.382 of 2010 on the file of the Principal Subordinate Court, Coimbatore are the appellants before this Court.

(2.) The facts in brief for disposing of the above second appeal are as follows and the parties are referred to in the same litigative status as before the trial Court, namely, Subordinate Court, Coimbatore. Plaintiff-s case:

(3.) (i)The suit was originally instituted by the first plaintiff to declare their right to access the "A" schedule property through the passage described as the plaint "B" schedule property and for an injunction restraining the defendants from interfering with this access of the plaintiff. Thereafter, it appears that the properties had been sold to the second plaintiff who had been impleaded so in the suit vide orders dtd. 26/8/2016 in I.A.No.672 of 2016. After the amendment, the prayer was amended to the limited extent that the declaration and injunction was in respect of the second plaintiff. It is the case of the plaintiff that on 22/11/1979, the "A" schedule property was purchased by the first plaintiff. At the time of purchase, the property, which has been described as "A" schedule property did not have any access and the property was land locked. Therefore, the first plaintiff had approached one Periyakkal, their neighbour requesting her to grant access through her property to reach the "A" schedule property. Periyakkal executed a lease agreement with the first plaintiff by leasing out the "B" schedule property measuring 7 cents 076 sq.ft in S.F.501 at Sarkar Samakulam Village, Coimbatore measuring 120 feet length and 25 feet breadth. This property what was described as the "B" schedule property in the suit schedule properties.