V S SINGARAM MUDALIAR Vs. AMBALAVANA MUDALIAR

JUDGEMENT

(1.) THE unsuccessful first defendant in O.S.No.612 of 1987 on the file of the District Munsif Court, Jayankondam, who also lost before the first appellate court in A.S.No.6 of 1991 on the file of the Subordinate Court, Ariyalur, is the appellant in the above second appeal.

(2.) FOR the sake of convenience, the parties are referred to as per their ranking in the suit. The case of the plaintiff in-brief is as follows:-

(3.) THE trial Court on a consideration of the oral and documentary evidence adduced in the case granted permanent injunction holding that the suit lane is a common lane belonged to the plaintiff and the defendants but rejected the claim of easementary right by prescription as he is not entitled to the right of easement by prescription.