REVATHI Vs. KATHAN

JUDGEMENT

(1.) The defendant is the appellant before this Court. The Second Appeal arises against a reversing Judgement. The parties are referred to in the same litigative status as in the suit. The plaintiff had come forward with the suit O.S. 173 of 2005 on the file of the District Munsif, Mannargudi, for the following reliefs:

(2.) The property subject matter of the suit is a pathway described as 'B' schedule and marked as A, B, C and D in the plaint plan.

(3.) It is the case of the plaintiff that the property in question belonged to his father one Krishnaswamy. On his death in the year 2002, the property devolved upon the plaintiff and his brother one Veeraiyan. The plaintiff would contend that he and his brother are enjoying the property jointly and that he has filed the suit as a manager of the Hindu Undivided Family. It is his case that for several decades they have been enjoying the access through the suit pathway to the main road.