IRUSA GOUNDER Vs. PALANISAMY

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is directed against the order of remand passed by the Lower Appellate Court.

(2.) The plaintiff is the appellant herein. The plaintiff filed a suit for permanent injunction restraining the respondents from interfering with his possession and enjoyment of the suit property. Originally, the land in S.No.143 belonged to one Pavayammal. She executed a will dated 205.1964 bequeathing the property in favour of her brother's son. From him, the plaintiff purchased the property by virtue of a registered sale deed dated 04.11967 measuring an extent of 1.4 acres. The property was sub divided and given re-survey number as 142/ Patta was also issued and chitta and adangal stand in the name of the plaintiff. The respondents / defendants are closely related to each other and they had interfered with the possession and enjoyment of the property by damaging the stone fence put up by the plaintiff. The motive for such action was that the plaintiff refused to sell the property to them. On 28.09.2002, the plaintiff lodged a police complaint and subsequently, filed a suit for permanent injunction.

(3.) The defendants denied the plaint averments and claimed that they have access to their residential houses through the common pathway running from Nalikkal Patty to Parapatti Road. The pathway runs along the burial ground and nothern ridge of the plaintiff's land in S.No.143/2 till their house. They have the customery right to use the pathway over 100 years and therefore, the suit shall be dismissed.