SINGARAM CHETTIAR Vs. JANAKI

JUDGEMENT

(1.) THIS second appeal is focussed as against the judgment and decree dated 09.08.1999 passed in A.S.No.66 of 1998 by the learned Additional District Judge cum Chief Judicial Magistrate, Pudukottai, in confirming the judgment and decree dated 15.11.1996 passed in O.S.No.190 of 1995 by the learned District Munsif, Thirumayam.

(2.) THE parties, for convenience sake, are referred to hereunder according to their litigative status before the trial Court.

(3.) PER contra, denying and refuting the allegations/averments in the plaint, the defendants 1 and 2 filed the written statement setting out various averments, the gist and kernel of it, would run thus: The plaintiff is having no right of pathway over ABCD area mentioned in the rough sketch as it belongs exclusively to the defendants and it formed part and parcel of the school area and it is being used as a playground for the school. ABCD is situated in S.No.194. The defendants are owing their school in S.Nos.194 and 195. There is no easement right over that area by anyone much less by the plaintiff. The plaintiff's contention that she acquired easement by prescription is a misconceived one and absolutely, there is no evidence to that effect. The third defendant, the Panchayat concerned, is not at all maintaining ABCD area. The said area referred to as ABCD is forming part and parcel of the defendants' property which is referred to in the title deeds of the plaintiff. Accordingly, they prayed for the dismissal of the suit.