VISWANATHAN Vs. KARUPPANNA GOUNDER

JUDGEMENT

(1.) Challenge in this second appeal is made to the judgment and decree dated 29.12.2003, passed in A.S.No.281 of 2002 on the file of the Principal District Court, Namakkal, confirming the judgment and decree dated 28.10.1994, passed in O.S.No.1136 of1987, on the file of the Additional District Munsif Court, Namakkal.

(2.) The second appeal has been admitted on the following substantial questions of law:

(3.) Considering the scope of the controversy involved in this matter lying in a narrow compass, it is unnecessary to dwell into the facts of the case in detail. Suffice to state that the plaintiff has laid the suit claiming the easementary right of prescription in respect of the suit pathway shown as ABC in the plaint plan. It is found that the properties shown as P, P1 and P2 belong to the plaintiff and the properties shown as D, D1 and D2 belong to the defendants. The plaintiff claims to have acquired the properties belonging to him by way of the sale deeds marked as Exs.A1, A3 and A4. As above noted, the case of the plaintiff is that the ABC pathway is in existence from time immemorial and the same has been used as a pathway to take men, cattle and vehicles for reaching his lands and accordingly, it is the case of the plaintiff that he and his predecessors had been using the suit ABC pathway openly, continuously and adversely to the knowledge of everyone, including the defendants and thereby, acquired the easementary right by way of prescription in respect of the suit pathway and inasmuch as the defendants obstructed the usage of the plaintiff in respect of the suit pathway without any authority, according to him, he has been necessitated to lay the suit for appropriate reliefs.