MARAPPA GOUNDER Vs. NATARAJAN

JUDGEMENT

(1.) THE Second appeal has been filed against the judgment and decree of the Court of Subordinate Judge, Bhavani, dated 26.03.1996, made in A.S.No.7 of 1996, reversing the judgment and decree of the Court of the District Munsif, Bhavani, dated 31.01.1994, made in O.S.No.82 of 1985.

(2.) THE appellants in the present second appeal were the defendants 1, 4 and 5 in the suit. THE plaintiffs had filed the suit in O.S.No.82 of 1985, on the file of the Court of the District Munsif, Bhavani, praying for a decree declaring that the suit cart track is specifically intended to be used only for the purpose of reaching S.F.Nos.224, 225 and 226/A of Jambai village by the plaintiffs and the first defendant alone and for the grant of permanent injunction, restraining the defendants, their men, assigns and heirs from in any manner using the suit cart track pathway to reach their lands in the suit property, which had been acquired subsequently.

(3.) BASED on the averments made on behalf of the plaintiffs and the defendants, the trial Court had framed the following issues for consideration: