SRINIVASAN Vs. K KUMARASAMY

JUDGEMENT

(1.) THE unsuccessful plaintiffs in O.S.No.316 of 1999 on the file of the Additional District Munsif Court, Vellore are the appellants in the above second appeal.

(2.) FOR the sake of convenience the parties are referred to as per their ranking in the suit.

(3.) THE second plaintiff under a registered sale deed dated 09.10.1972, purchased the property bearing Survey No.536/A1a, as shown in the plaint plan from its original owners Jeganathan and Selvaraj. At the time of his purchase the right of passage which was in vogue for several years and with a right in the Well also. From the date of purchase, he is in use and enjoyment of the passage and only through this passage both the plaintiffs can have ingress and egress to Thiruvalluvar Street and other streets. Thus the plaintiffs have perfected their title by prescription to the common passage and are in enjoyment of the property for Well the over statutory period.