SAGAYANATHAN Vs. D LINGAPPAN

JUDGEMENT

(1.) THE Second Appeal has been preferred against the Judgment and Decree, dated 26.11.2007 made in A.S.No.13 of 2007 on the file of the District Judge, Nilgris, reversing the Judgment and Decree, dated 14.08.2007 made in O.S.No,55 of 2005 on the file of the Subordinate Judge, Nilgris at Udhagamandalam.

(2.) THE defendant before the trial court is the appellant herein. It is seen that the suit was filed by the respondent herein, seeking mandatory injunction to remove the alleged encroachment made in "A" schedule property of the plaint and for permanent injunction against the defendant, his men etc., from parking vehicles in the alleged common road of 14 feet width described as "B" schedule of the suit property and also for costs.

(3.) IN the absence of the title deed not mentioned the width of the common pathway is not the burden proving the width of the common pathway on the plaintiff?