KALIAPPAN Vs. V DURAI

JUDGEMENT

(1.) The unsuccessful defendants 1 and 2 are the appellants in this Court.

(2.) The plaintiff has filed the suit for declaration of the plaintiff's right of access at all points from the A schedule property to reach the Madhavaram Milk Colony Road (Perumal Koil Street) on the north and for consequential relief of the removal of the thatched huts and structures put up by the defendants in schedules 'B' and 'C' of the plaint causing obstruction to the plaintiff and for permanent injunction restraining the defendants from in any way extending the encroachment further into the plaintiff's property and restraining the defendants from interfering with the peaceful possession of the plaintiff's A schedule property.

(3.) The first defendant alone filed the written statement. According to the first defendant, the plaintiff is the owner of the A schedule property. But the properties in 'B' and 'D' schedule are in possession and enjoyment of the defendants for the 40 years. They have also got patta in 1970. The plaintiff has access to his property on the north-east from the Perumal Koil Street. Similarly the plaintiff has also access to his property from the southern side. The properties mentioned in 'B' to 'D' were originally promboke land now have been assigned to various parties. The plaintiff has no right in respect of the property in occupation of the defendants.