KRISHNAMMAL Vs. PERIASAMY

JUDGEMENT

(1.) APPELLANT is the legal heir of the deceased defendant in O.S.No.476 of 1989, on the file of District Munsif's Court, Madurai Taluk.

(2.) SUIT filed by respondent (plaintiff) was one for declaration that the suit property is a common pathway belonging to both plaintiff and defendant, and consequently, to grant a permanent injunction restraining the defendant from interfering with the plaintiff's possession and enjoyment of the same, and also for a mandatory injunction to remove a septic tank which was constructed within the pathway.

(3.) IN the additional written statement, she has fur- ther said that there is no common lane as alleged by plaintiff, and he has no right over the space claimed as common lane. It is part of the defendant's property and the connection of the latrine to the septic tank is below the ground level. She prayed for dismissal of the suit.