K MURUGESAN Vs. KANDASAMY

JUDGEMENT

(1.) S.A.No.1989 of 2004

(2.) Challenge in this second appeal is made to the judgment and decree dated 29.06.2004, passed in A.S.No.77 of 2003, on the file of the Subordinate Court, Dharmapuri, reversing the judgment and decree dated 28.07.2003, passed in O.S. No.292 of 2001, on the file of District Munsif Court, Harur.

(3.) The appellant K.Murugesan hereinafter referred to as the appellant has laid the suit against the first respondent Kandasamy, hereinafter referred to as the first respondent and the other respondents in O.S.No.73 of 2000 for the reliefs of permanent injunction, mandatory injunction and declaration and permanent injunction in respect of the properties located in Bedhadhampatti village, Pappireddy taluk in survey No.118/1A2 0.03.0 extent and survey No.118/2A2 0.03.5 extent and briefly stated, according to the appellant, with reference to the cart track lying in the abovesaid suit properties, the appellant has right by way of easement of necessity and easement by prescription and inasmuch as according to the appellant, he and his predecessors in interest had enjoying the suit properties as the cart track over a long period of time, it is his case that thereby he had prescribed right by way of easement in respect of the suit property by prescription and further, according to the appellant, other than the cart track lying in the suit properties there is no other cart track for reaching his land and accordingly, it is stated that recognizing his enjoyment of the cart track lying in the suit properties, it is his case that he has been also granted the joint patta along with the first respondent and others and however, the first respondent using his influence had endeavoured to delete his name from the patta and accordingly, it is the case of the appellant that he had been necessitated to lay the suit against the revenue officials also for appropriate reliefs as well as against the first respondent for appropriate reliefs.