PADMA Vs. MANICKAM

JUDGEMENT

(1.) This Second Appeal has been filed by the Plaintiff challenging the concurrent Judgment and Decree of the Trial Court and the Lower Appellate Court, rejecting the Suit for relief of Declaration and Injunction filed by the Appellant herein.

(2.) For the sake of convenience, the parties are referred as per their ranking in the Trial Court.

(3.) The Plaintiff had purchased the land situated in the Southern side of the Defendants' land from the Defendants' Vendor, as per Sale Deed, dtd. 18/2/1987. In the Sale Deed, the Plaintiff's Vendor has granted permission to use the Cart Track situated on the Western side corner of the Defendant's land, to reach their land shown as A, B, C, D in the Rough Plan. This Cart Track was being used by the Plaintiff for more than 40 years. The First Defendant now entered in to an Agreement of Sale with the Second Defendant. Due to previous enmity, on instigation of Defendant No.2, Defendant No.1 started preventing the Plaintiff from using the Cart Track. The Plaintiff further stated in the Plaint that he is having a right based on Easementary right of necessity and prescription thereby, filed the Suit praying for declaration that he is entitled to use the land of the Defendant and consequential Injunction.