BALAIYAN @ BALAN Vs. SUNDARAMBAL & ORS.

JUDGEMENT

(1.) This Second Appeal has been filed against the judgment and decree made in A.S. No. 76 of 1998, dated 06.04.1999, on the file of the learned Additional Subordinate Judge, Mayiladuthurai, reversing the judgment and decree made in O.S. No. 315 of 1990, dated 31.03.1998, on the file of the learned District Munsif, Sirkali.

(2.) The plaintiff is appellant and defendants are respondents in this Second Appeal. For the sake of convenience, the parties are referred to as per their rank in the original suit.

(3.) The plaintiff filed a suit in O.S. No. 315 of 1990, to declare the right of the plaintiff to use the suit "A" schedule property as common pathway, for permanent injunction restraining the defendants from interfering with suit "A" schedule property, to remove the superstructure made in suit "B" schedule property and to surrender the possession of suit "B" schedule property to the plaintiff.