P SUMATHI Vs. R PREMA KRISHNA KUMAR

JUDGEMENT

(1.) This Second Appeal is at the instance of the plaintiff in O.S.No.1113 of 2000. The suit in O.S.No.1113 of 2000 was filed seeking a permanent injunction restraining the defendant from preventing the plaintiff from entering the common passage for the purpose of maintenance of the drainage of her property, to direct the defendant to remove the cement slab put up on the plaintiff's building's drainage, to direct the defendant to remove the iron gate fixed at the entrance of the common passage, to direct the defendant to fix a gate in front of the "C" schedule property, and for costs.

(2.) A larger extent of property measuring about 1575 sq.ft. belonged to the mother-in-law of the plaintiff P.R.Rajam, W/o.Late Raju Naidu. The said P.R.Rajam had executed three settlement deeds in favour of her three sons viz., R.Bakthavachalam, R.Srinivasan and R.Premakrishna Kumar on 206.1981. Those documents were also registered as document Nos.1071, 1072 and 1073/1981. While doing so, the Settlor had left 5 feet common passage on the Western side of the property from South to North leading up to the road on the Northern side. The drainage connection of the property that is settled on the husband of the plaintiff viz., R.Bakthavatchalam lies in the common passage.

(3.) Pursuant to the above settlement deed, according to the plaintiff, the entire property was sub-divided into three Door Nos.8/1, 8/2 & 8/ The property that was settled on the plaintiff's husband bearing No. 8/1 was marked as "A" in the Plan annexed to the Settlement Deed. The property that was settled on the defendant was marked as "C" and the property on the Southern side settled on R.Srinivasan was marked as "B". Land measuring 5 feet by 37 = feet North toon the West of the "A" portion leading to the Street on the North was shown as common passage.