RADHAMMAL Vs. RAMALINGAM

JUDGEMENT

(1.) THE Second Appeal has been filed against the judgment and decree, dated 12.12.1994, made in A.S.No.57 of 1993, on the file of the District Judge, Cuddalore, confirming the judgment and decree, dated 21.12.1990, made in O.S.No.1019 of 1988, on the file of the District Munsif, Cuddalore.

(2.) FOR the sake of convenience, the parties are referred to as they have been arrayed in the original suit in O.S.No.1019 of 1988.

(3.) IN such circumstances, it was suggested by the defendants that they were prepared to sell the property in 'A' schedule which is the northern portion of survey No.404/14, with an extent of 78 cents. The plaintiff had wanted to buy only the property in 'A' schedule as it had an access from the road. The plaintiff had further stated that there is a road running from west to east on the northern portion of the survey number. If the northern portion was sold and purchased by the plaintiff, he can have access to the property from the east-west road. At the same time, the remaining southern portion, which belongs to the defendants, can also be reached from the road. The defendants had suggested that they can sell 24 feet north-south on the north-western portion and 32 feet north-south on the north-eastern portion. They had said that they would use the remaining 8 feet in the north-eastern portion to have access to the remaining portion of that survey number. If the plaintiff is given any other portion it may not be possible for him to reach his property.