RAJKUMAR Vs. ACADEMY OF MARITIME EDUCATION AND TRAINING

JUDGEMENT

(1.) The unsuccessful Plaintiffs before the Trial Court as well as the First Appellate Court, in a Suit for Declaration of Easementary Right, are the Appellants herein. The parties are described as per their litigative status in the Suit. The pleadings in summary, in order to appreciate the respective contentions of the parties and in order to adjudicate the above Second Appeal, are as follows:

(2.) The Defendant filed a Written Statement and resisted the Suit contending that they are not aware of the claim to right and Title of the Plaintiffs and put the Plaintiffs to strict proof of the tracing of Title, right from Raji Naicker to Rupavathi Ammal and also from Rupavathi Ammal, under whom the Plaintiffs claim right under an alleged Will. According to the Plaintiffs, they have leased 6 acres and 28 1/2 cents from Orchids India Limited, a Public Limited Company, incorporated under the provisions of Companies Act, 1956 and the Defendant is under the control of M/s. Srimathi Pattammal Educational and Charitable Trust, which runs the Defendant Academy.

(3.) It is further stated by the Defendant that the said Trust purchased 0.22.5 Hectares in Survey No.65/3 in order to develop the facilities of the College and they have constructed a Compound Wall around the entire extent of the property in order to consolidate the land held by the Trust, running the Educational institution.