(1.) This Second appeal is focussed animadverting upon the judgment and decree dated 21.12.2012 passed in A.S.No.145 of 2012 by the learned II Additional Judge, City Civil Court, Chennai, reversing the judgment and decree of the learned XII Assistant Judge, City Civil Court, Chennai in O.S.No.6053 of 2009. The parties are referred to hereunder according to their litigative status and ranking before the trial Court.
(2.) Compendiously and concisely, the germane facts absolutely necessary for the disposal of this Second Appeal would run thus:
(3.) Ultimately the trial Court dismissed the suit as against which the appeal was filed by the plaintiff; whereupon the first appellate Court reversed the findings of the trial Court and decreed the suit holding that the passage is a common one.