C PAZHAMALAI PILLAI Vs. CHINNADURAI

JUDGEMENT

(1.) THIS Second Appeal is directed against Judgment in A.S.No.15 of 1994 on the file of Sub court, Chidambaram, reversing the Judgment of the Trial Court and thereby dismissing the Plaintiff's suit for declaration that the Plaintiff's are entitled to use and enjoy suit property as road and for permanent injunction. Unsuccessful deceased Plaintiff is the Appellant in the Second Appeal. Pending Second Appeal deceased Appellant Pazhamalai Pillai died and Appellants 2 to 6 were substituted in the place of him.

(2.) THE suit pathway is situated on the South of main road and runs through R.S.Nos. 33/2, 33/3, 33/4 and R.S.No.34 and stopped in front of the Plaintiffs house situated in R.S.No.35. All these three survey numbers, R.S.No.33/2 is 'Kulam Poromboke" belonging to the Government. THE R.S.No.33/4 is Patta land of the Appellants. On the south of the main road, there is a channel and there is a culvert over the channel connecting the main road and the suit pathway.

(3.) THE 2nd Defendant / District Collector filed written statement admitting existence of the road. In the written statement, 2nd Defendant has averred that R.S.No.33/3 is a patta land and if the pattadar puts up a shed in the land it will obstruct the use of pathway. 2nd Defendant has further averred that in the village plan the road is marked as pathway.