PERUMAL Vs. SENGODAN

JUDGEMENT

(1.) The defendants in O.S.No.123 of 2003 on the file of the District Munsif Court, Sankari are the appellants herein. The respondents herein filed the above said suit for a declaration that they had easementary right over the suit cart track and also for an injunction not to prevent or interfere with the enjoyment of the easementary right.

(2.) The trial Court, after trial, dismissed the suit by judgment and decree dated 28.07.2005. The plaintiffs, who failed in the trial Court, filed an appeal before the Sub-Court, Sankari (lower appellate Court) in A.S.No.2 of 2005. The learned lower appellate Judge, after hearing, allowed the appeal, set aside the decree of the trial Court by which the suit had been dismissed and decreed the suit in respect of both the reliefs, namely declaration and perpetual injunction. The said decree of the lower appellate Court dated 28.07.2005 is the subject matter of challenge in the present second appeal preferred under Section 100 of the Code of Civil Procedure.

(3.) The second appeal was admitted on 04.06.2007 identifying the following to be the substantial questions of law involved in the second appeal:-