PALANIAPPAN Vs. NALLAMMAL AND ORS.

JUDGEMENT

(1.) THE plaintiff is the appellant. The suit is filed by the plaintiff for declaration of right of pathway of the plaintiff to reach his land in S.No. 115 and the house situate in south -eastern corner of S.No. 114 of Mavureddipatti village, Tiruchengode, and for consequential permanent injunction.

(2.) ORIGINALLY the lands situate in S.No. 116 and 115 of the above said village were commonly owned by one family. The land in S.No. 116/4 belongs to the first defendant's husband. There is a cart track running east -west measuring about 20 feet width to reach lands in S.No. 115. The plaintiff also had attached the plan describing the suit cart track. The plaintiff being the owner of S.No. 115 claimed right of pathway by way of 'easement by grant'. Similarly, S.No. 114 is the ancestral property of the plaintiff's family. There was a thatched house on the south -eastern corner of S.No. 114 abutting the cart track. Thereafter, the said thatched house was converted into a tiled house in the year 1967 and Door Number of the said house is 4/3A. The plaintiff is residing there with his family. The plaintiff also has obtained service connection and has been living there using the cart track for more than the required statutory period. Hence, the plaintiff claimed 'right of easement' over the cart track by 'prescription'. As there was disturbance from the defendants, the plaintiff had come up with the suit for declaration of his right over the cart track.

(3.) BEFORE the trial Court, on the side of plaintiff, the plaintiff examined himself as PW.1 and marked Exs.A1 and A4 and on the side of defendants, the first defendant examined herself as DW.1 and marked Exs.B1 to B4. Advocate Commissioner's report and plan were marked as court documents Ex.C1 and C2.