P SENGODAN Vs. N V S RAMACHANDRAN

JUDGEMENT

(1.) The un-successful defendants who lost their case before both the Courts below have come forward with this second appeal.

(2.) The sum and substance of the plaint averments are as follows: The plaintiff is the son of one Subramaniya Chettiyar. The said Subramaniya Chettiyar had four sons and after his death, his four sons partitioned the properties which are houses and vacant lands by means of a registered partition deed dated 01.11957. The two houses and vacant land which fell to the share of the plaintiff is shown in the rough plan attached with the plaint as 'P' and 'P-1'. They form part of 'D' schedule in the partition deed.

(3.) The family left about 9 feet East " West, now forming part of N.V.S. Street and a common lane, East-West about 3 to 5 feet in width so that all the four sons can use the common land. There is no dispute regarding the ownership of houses or the vacant land. One of the brother of the plaintiff namely, Kandasamy Chettiar died about seven years ago and his legal heirs sold the houses to the defendants on 22.10.1986 by way of three sale deeds.