THAVASIMUTHU Vs. RAMASAMY

JUDGEMENT

(1.) THIS Civil Revision Petition is directed against the order dated 29. 06. 2001 made in I. A. No. 1433 of 2000 in O. S. No. 463 of 1999 by the Principal Distirct Munsif, Bhavani, dismissing the Petition under Order VI Rule 17 C. P. C. The Plaintiff is the Revision Petitioner.

(2.) THE Suit Property relates to the Cart Track running from R. S. No. 414 through the land in R. S. No. 417 upto the lands in R. S. No. 419/1 and 419/2 (Old S. F. No. 666) of Ilipili Village. Case of the Plaintiff is that the Plaintiff and his Brother Pachamuthu Gounder purchased the property in the lands in S. No. 419/2 of Ilipili Village by a Sale Deed dated 30. 10. 1986. Plaintiffs Brother Pachamuthu Gounder had executed a Release Deed in favour of the Plaintiff for his half share under the Release Deed dated 02. 12. 1998, relinquishing his half share in the property. The Plaintiff is the absolute owner of the properties in S. No. 419/2. Along with the property, the Plaintiff also has the right to use the suit Cart Track. The Defendants are the neighbouring land owners and have no right to restrain the Plaintiff or others from using the Suit Cart Track. The Plaintiff and other neighbouring land owners have been enjoying the Suit Cart Track as their mamool Cart Track. All of them have been using the Suit Cart Track at the maximum utility without causing any disturbance or damage to the other properties. While so, on 12. 09. 1999, the Defendants have attempted to obliterate the Suit Cart Track, which was prevented by the Plaintiff with the help of his relatives and friends. Hence, the Plaintiff has filed the Suit for Permanent Injunction restraining the Defendant, their Men and Agents from interfering with the Plaintiffs peaceful possession and user of the Suit Cart Track.

(3.) RESISTING the Suit, the Defendant has filed the Written Statement, denying the right of the Plaintiff to use the Suit Cart Track. The First and Second Defendants have separately filed the Written Statement. According to the Second Defendant, his Father Naina Gounder owned agricultural lands in Ilipili village. Naina Gounder purchased the lands from D-1 and his Legal Heirs and also from one Egamparam and Varathayammal by Sale Deed dated 17. 11. 1996. Later, he has also obtained lands from one Velliya Gounder under an Exchange Deed dated 04. 10. 1983. After the death of Naina Gounder, the Second Defendant and other legal heirs of Naina Gounder have succeeded to the properties including the Suit Cart Track as the legal heirs of Deceased-Naina Gounder. Hence, the Defendant and other legal heirs of the said Naina Gounder are only the owners of the Suit Cart Track and they have been enjoying the same absolutely. Neither the Plaintiff nor other neighbouring land owners have any manner of right, title or interest over the Suit Cart Track. Neither the Plaintiff nor his Predecessor in Title have used the Cart Track at any point of time. In fact, the First Defendant is also not having any manner of right or title over the Suit Cart Track. The First Defendant has been using the Cart Track only on the basis of Temporary usage granted by the Second Defendant and other legal heirs of Deceased Naina Gounder. The Plaintiff offered to purchase a portion of the Defendants land near the Suit Cart Track. Since the Defendant refused to sell the same, the Plaintiff has filed the Suit against the Defendant. The Plaintiff is not entitled to any Right or Title in the Suit Cart Track.