MAHALINGAM PILLAI Vs. PITCHAPILLAI

JUDGEMENT

(1.) The defendants in this Second Appeal have challenged the judgment and decree dated 15.03.2010 made in A.S.No.3 of 2006 on the file of the Additional Subordinate Court, Virudhachalam, reversing the Judgment and Decree dated 23.12.2004 made in O.S.No.98 of 1993 on the file of the II Additional District Munsif Court, Virudhachalam.

(2.) The suit has been laid by the plaintiff for declaration and permanent injunction and in the alternative for declaration and possession and the plaintiff has also claimed easementary right in respect of the suit property and consequential permanent injunction thereof and damages.

(3.) The suit property in dispute is, depicted within ABCD portion, the lane measuring 92 1/2 feet in the ''A B'' line and 3 feet in the ''B D'' line and 2 1/2 feet in the '' A C'' lane, as shown in the plaint plan marked as Ex.A1. It could be seen that the plaint had been amended and finally the suit property has come to be described as above. Now, according to the plaintiff, the suit property inclusive of the disputed lane belongs to him ancestrally, thus the source of title to the suit property claimed to be ancestral, according to the plaintiff, there is no document as such for the same.