ARUNACHALAM PILLAI Vs. SORIMUTHU PILLAI

JUDGEMENT

(1.) This second appeal has been filed against the judgment and decree dated 24-1-1990, in A.S. No. 21 of 1987, on the file of the Court of Subordinate Judge, Tenkasi, reversing the judgment and decree in O.S. No. 520 of 1981 dated 29-8-1986, on the file of the District Munsif, Ambasamudram.

(2.) The plaintiff filed a suit for a declaration that pathway referred to in the plaint as BEFGC as a common pathway and consequentially for permanent injunction not to interfere with the plaintiffs use of the pathway. The case of the defendants is that it is not a common pathway but it is exclusive property of the defendants. On the basis of the evidence adduced, the trial Court found that the property referred as BEFGC is not a common pathway and dismissed the suit on appeal, the first appellate Court reversed the judgment of the trial Court and decreed the suit as prayed for.

(3.) Aggrieved against the judgment and decree of the first appellate Court, this second appeal has been filed. The substantial question of law framed in this second appeal is as follows :