N.PERIYASAMY Vs. P.ARUMUGHAM

JUDGEMENT

(1.) The defendants have preferred this second appeal impugning the judgement and decree dated 24.09.2010 passed in A.S.No.19 of 2010 on the file of the Sub-Court, Rasipuram, confirming the judgement and decree dated 24.02.2010 passed in O.S.No.38 of 2007 on the file of the District Munsif Court, Rasipuram.

(2.) The suit has been laid for declaration and permanent injunction.

(3.) The suit has been laid in respect of the Cart Track shown as "ABCDE" in the plaint plan. According to the plaintiffs, they claim right to the suit Cart track depicted in the plaint plan under the sale deed dated 27.01.1965 marked as Ex.A1. Further, according to the plaintiffs, they have prescribed theie title to the suit cart track by prescription and also, it is contended that other than the suit Cart track, there is no other cart track for reaching the plaintiffs suit property.