SOLAVE GOUNDER Vs. P.S. VENKATACHALAM

JUDGEMENT

(1.) The legal heirs of the defendants in O.S.No.978 of 1991 on the file of the learned III Additional District Munsif, Coimbatore, are the appellants before this Court.

(2.) The aforesaid suit was presented for the following relief:

(3.) It is the case of the plaintiffs that they are the owners of the property bearing Door Nos.45, 45A and 45B of Pachapalayam Village, Padathurai Post, Madhukkarai Via, Coimbatore. The defendants are the owners of the properties situated at 46A, 46B and 46C of the same Village. All the houses were constructed 50 years ago. They lie immediate East of a North - South Road and South of the East - West 'Thadam' measuring about 15 x 25 feet. The said passage is a common passage to the plaintiffs and the defendants. The lie of the passage is described by way of a Plaint plan. It is the case of the plaintiff that no one has exclusive right over the suit passage. While such is the case, the defendants obstructed the plaintiffs from using the suit passage and put up temporary constructions in and over the passage. In order to settle the matter out of Court, a Panchayat was called for and despite the intervention of the Village elders and the President of Panchayat, the defendants proceeded further and put up temporary constructions. As the first plaintiff died the legal representatives were brought on record in the suit.