PALANIAPPAP GOUNDER AND ORS. Vs. SINGARAVELAN AND ORS.

JUDGEMENT

(1.) AGGRIEVED by the unanimous decisions of the courts below, the unsuccessful defendants 1 to 4 have filed the instant Second Appeal.

(2.) THE suit was filed by the plaintiffs for declaration that the suit A, B, C cart track belonged to them and for injunction restraining the defendants from obstructing the usage of the said cart track by the plaintiffs and for removal of the obstructions over the same.

(3.) THE defendants contested the suit denying the rights of the plaintiffs as alleged in the plaint. While admitting the execution of the settlement deeds in favour of the plaintiffs, the defendants contended that the plaintiffs are not entitled for any right of easement by grant. According to the defendants, in the settlement deeds executed by Deivanai Ammal, there was no mention about the cart track and that the plaintiffs had been using only the pathway from point B on the defendants' land. The defendants also contended that the plaintiffs never used any cart track as alleged and that they have no objection for the plaintiffs using the pathway.