N RAVIKUMAR Vs. DURAISAMY; DHANALAKSHMI; RAJA

JUDGEMENT

(1.) The unsuccessful plaintiff in the suit O.S. No. 627 of 2002 for the relief of declaration that he is entitled to take cattle, cart and vehicles from P3 land in S. No. 31/7C1 across XY pathway to his lands marked as P.1 and P.2 situate in S. No. 31/7A1 and 31/7B1 and for consequential injunction, has filed this Second Appeal under Section 100 of the Code of Civil Procedure challenging the judgment and decree dated 26.09.2008 passed by the Subordinate Judge, Namakkal, in A.S. No. 116 of 2005 wherein and by which the judgment and decree dated 25.04.2005 recorded in O.S. No. 627 of 2002 on the file of the District Munsif, Namakkal, were confirmed dismissing the suit.

(2.) While confirming the finding of the trial Court, the Lower Appellate Court modified the decree holding that the plaintiff was entitled to use XY pathway only as a pathway and not entitled to take cart, cattle or vehicles through P.3 land to P.1 and P.2 lands across XY pathway from National Highways.

(3.) Admittedly, the lands are agricultural lands. The contention of the learned counsel for the appellant is that the cattle and tractors to plough the lands for raising crop can be taken from National Highways to P.1 and P.2 lands only through P.3 land by crossing XY pathway. To decide the right of the plaintiff, the burden is on the plaintiff to establish the same.