N BORAIAH Vs. PANDURANGAN

JUDGEMENT

(1.) THE Second Appeal has been filed against the judgment and decree, dated 23. 4. 1996, passed in A. S. No. 52 of 1995, on the file of the Subordinate Court, at Ootacamund , THE Nilgiris District confirming the judgment and decree, dated 30. 11. 1994, passed in o. S. No. 515 of 1991, on the file of the District Munsif Court at Ootacamund , THE Nilgiris District.

(2.) THE plaintiff in the suit O. S. No. 515 of 1991 , is the appellant in the present second appeal. THE plaintiff had filed the suit before the District Munsi f Court at Ootacamund , THE Nilgiris District, praying for the reliefs of declaration, mandatory injunction and for permanent injunction.

(3.) BASED on the averments made in the plaint as well as in the written statement, the trial Court had framed the following issues for consideration:- "1. Whether the averment of the plaintiff that the plaintiff and his tenants have prescriptive rights over the suit pathway is correct? 2. Whether the plaintiff is entitled to the relief of mandatory injunction as prayed for? 3. Whether the plaintiff is entitled to the relief of permanent injunction as prayed for? 4. What other relief s the plaintiff is entitled to?"