P RADHAKRISHNAN Vs. CHENNIMALAI GOUNDER (DIED)

JUDGEMENT

(1.) The appellant is the second plaintiff in O.S.No.870 of 1989 on the file of the II Additional District Munsif, Erode. the first plaintiff Palanimalai Gounder @ Palaniappal Gounder (since deceased) is his father.

(2.) The plaintiffs filed the above suit for a declaration of their title to the suit property and for a permanent injunction restraining the respondents/defendants from interfering with their peaceful possession and enjoyment over the suit property.

(3.) The case of the plaintiffs is that the entire extent of 0.47.0 hectares comprised in Resurvey number 158/3 (old survey number 127) of Kathirampatti Vilalge and a strip of land (foot path) in R.S.F.No.158/2 running East-West through the middle of Resurvey number 158/3 belong to them absolutely and that the residents of Kathirampatti Village lead by the respondents/ defendants wanted the foot path to be converted as a 25 feet wide public road. It is further contended that the respondents/defendants insisted the plaintiffs to convey the suit pathway in R.S.F. No.158/2 in their favour and all the residents of Kathirampatti Village attempted to trespass into the plaintiffs' property.