LAWS(MAD)-2018-7-1530

D MUTHUSAMY Vs. M SONGAPPAN

Decided On July 16, 2018
D Muthusamy Appellant
V/S
M Songappan Respondents

JUDGEMENT

(1.) This Second Appeal has been filed by the defendants 1 to 3 and 5 to 7 against the judgment and decree passed by the Principal Sub-Judge, Erode, in A.S.No.107 of 1997 dated 27.04.1998 reversing the judgment and decree passed by the Principal District Munsif, Erode, in O.S.No.76 of 1984 dated 05.09.1994.

(2.) The first respondent herein has filed a suit in O.S.No.76 of 1984 on the file of the Principal District Munsif, Erode to declare that he is absolutely entitled to take carts, cattle, men and manure to his land situated in R.S.No.194/2 through the suit cart track situated in R.S.No.181/1 from the Panchayat road and consequently restrain the defendants their men, agent etc., from interfering with his enjoyment of the said right by means of permanent injunction. The learned District Munsif has dismissed the said suit by the judgment and decree dated 13.03.1988. Aggrieved by the same, the plaintiff has filed an appeal in A.S.No.71 of 1988 on the file of the Additional District Judge, Erode. The learned Additional District Judge, Erode by his judgment and decree dated 20.07.1999 allowed the said appeal and set-aside the judgment and decree passed by the learned District Munsif and remanded the matter to the trial Court for fresh disposal. Accordingly, the learned Principal District Munsif has restored the suit on file and after impleading the 8th defendant as party, again dismissed the suit by the judgment dated 05.09.1994. As against the same, the plaintiff has filed an appeal in A.S.No.107 of 1997 on the file of the Principal Sub-Judge, Erode. The learned Principal Sub-Judge, by the judgment dated 27.04.1998, has allowed the appeal and set-aside the judgment and decree passed by the trial Court and decreed the suit as prayed for. Feeling aggrieved, the defendants 1 to 3 and 5 to 7 have preferred the present Second Appeal. For the sake of convenience, the parties are referred to as described before the trial Court.

(3.) The averments made in the plaint are, in brief, as follows: