P PERUMAL NAIDU Vs. KRISHNASWAMY NAIDU

JUDGEMENT

(1.) The Second Appeal has been preferred by the plaintiffs.

(2.) The plaintiffs filed the suit for declaration that they are entitled to use the B schedule passage without obstruction or blocking the passage by the defendants in any manner and for an injunction restraining the defendants, their men or their agents etc. from preventing the use of the passage.

(3.) The case of the plaintiffs is that under registered sale deed dated 21-11-1975 they purchased vacant site from V. C. Govinda Doss and two others for valuable consideration. They put up construction and by virtue of registered partition deed dated 9-4-1975, the vacant sites were divided by four parts into ABCD. They left the passage. Though the passage is conveyed to C and D yet, the other two persons have been given permission to use passage. The partition deed mentions that the allottees A and B and their successors in interest are also entitled to use the common passage. Therefore the plaintiffs are entitled to use the passage. But the defendants have started preventing and obstructing the use of the passage. Hence the suit.