SENIOR MEDICAL OFFICER Vs. S SANTHA

JUDGEMENT

(1.) The defendants, who lost the case before both the Courts below, have come forward with this second appeal against the decree and judgment dated 18.04.2006 made in A.S.No.137 of 2005 on the file of the Additional Sub Court, Tenkasi, confirming the judgment and decree dated 28.07.2005 made in O.S.No.702 of 2004 on the file of the Principal District Munsif Court, Tenkasi.

(2.) The respondents as plaintiffs filed a suit for declaration of easementary right of necessity in respect of third schedule property and also injunction restraining the defendants, not to interfere with the peaceful possession and enjoyment of the road and also declaration that they are entitled to use the third schedule property through the second schedule property and also for injunction restraining them not to interfere with their peaceful possession and enjoyment stating that that the suit has been filed under Order 1 Rule 8 of C.P.C. for representative capacity. The third schedule property is a government poramboke, where the first schedule property is situated in S.No.701/3, which contain total extent of 2 acre 5 cents, abutting to second and third schedule properties, where the plaintiffs and others were made construction of their houses and enjoying the same.

(3.) The plaintiffs and the residents of eastern side and western side of first schedule property were using the third schedule property viz., mud road, to reach Pavoorchatram - Tenkasi main road and they are enjoying the same for past 35 years. Water connection and electricity service connection has been given only in the third schedule property. In between the first and third schedule property, second schedule property is situated. The plaintiff is entitled to reach the third schedule property only through the second schedule property. These two schedules are situated at the edge of S.No.712 and it contains only 4 acres and 75 cents and they have reached the other Government offices through the said pathway. Now the defendants 2 and 3 have attempted to put up a compound wall, which will prevent the residents of the place, who used the same as pathway to reach the Pavoorchatram - Tenkasi main road and hence, they constrained to file the suit for the above stated relief.