SUBBULAKSHMI Vs. MUTHAMMAL

JUDGEMENT

(1.) The civil Miscellaneous Appeal has been filed against the decree and judgment dated 27.03.2002 made in A.S.No.7 of 2002 on the file of the Additional District Judge cum Chief Judicial Magistrate, Tuticorin reversing the judgment and decree dated 21.09.1998 made in O.S.No.554 of 1995 on the file of the Additional District Munsif, Tiruchendur.

(2.) The respondents 1 and 2 herein filed a suit in O.S.No.554 of 1995 before the learned Additional District Munsif, Tiruchendur, praying for declaration, to declare that the respondents 1 and 2 are having joint right over the 2nd schedule lane and for permanent injunction, restraining the defendants from interfering with the joint possession of the respondents 1 and 2 over the 2nd schedule property and for restraining them from putting up any construction over the 1st and 2nd schedule properties.

(3.) The case of the plaintiffs is that the 1st schedule property was originally belonged to one Gabriel Benjamin and others. One Aramvalarthaammal purchased the aforesaid property and she bequeathed the 1st schedule property and other properties in favour of the plaintiffs in the year 1978 and after her death, the plaintiffs were entitled to the same. The second schedule property lane situated between the 1st schedule property and the property belonged to the defendants, the same was used as common lane by both the parties. The plaintiffs and their predecessors in title are in open, continuous possession of the 2nd schedule lane for more than statutory period and also acquired prescriptive rights to enjoy the same. From 14.12.1992 onwards, the defendants putting forward the claim over the 2nd schedule property and also threatening the plaintiffs to encroach over the 2nd schedule property and also eastern portion of the 1st schedule property by doing constructions and hence, the suit has been filed by the plaintiffs.