BALUSAMY Vs. SENGODA GOUNDER

JUDGEMENT

(1.) Whether the partition deed, dated 25.02.1985, grants right to the members of the partition deed, only to use the pathway in respect of lands allotted under the partition deed or to use the pathway in respect of any other land belonging to the members of the partition deed, is the issue raised in this Second Appeal.

(2.) The plaintiff is the appellant. The plaintiff filed the suit in O.S.No.376 of 1996 praying for declaration and injunction. The declaration was with respect to the alleged right of the defendants to make use of the common pathway in respect of properties belonging to him, which were not covered in the partition deed, but in respect of properties purchased prior to the formation of the common pathway, and for consequential injunction. The said suit was decreed, as against which, the defendants filed the first appeal in A.S.No.31 of 2000. The first appeal was allowed, thereby the decree and judgment of the trial Court came to be set aside. Aggrieved over the judgment of the first appellate Court, the plaintiff has filed this second appeal.

(3.) The second appeal had been admitted on the following substantial questions of law, which were re-drafted during the hearing of the appeal, on which the arguments of the appellant were presented: