GOPALRAMALINGAM Vs. KALESHKUMARIMATHAIYAN

JUDGEMENT

(1.) The above two Second Appeals are directed against the common judgment passed by the First Appellate Court in A.S.Nos.36 of 2002 and 11 of 2003 dated 29.04.2003. The appellants herein are the plaintiffs in O.S.No.372 of 1997 on the file of the learned District Munsif, Dharmapuri and respondents in A.S.No.11 of 2003 on the file of the learned Subordinate Judge, Dharmapuri. The respondents herein are the plaintiffs in O.S.No.266 of 1995 on the file of the learned District Munsif, Dharmapuri and appellants in A.S.No.36 of 2002 on the file of the learned Subordinate Judge, Dharmapuri.

(2.) Before the trial Court, the appellants herein succeeded in their suit in O.S.No.266 of 1995 which was reversed by the First Appellate Court in A.S.No.36 of 2002. Whereas, before the trial Court, the respondents herein lost their suit in O.S.No.372 of 1997 but succeeded in their appeal in A.S.No.11 of 2003.

(3.) The case of the appellants/plaintiffs in O.S.No.266 of 1995, the suit property which is described as a cart track is situated in S.No.37/5 and S.No.38/4 measuring roughly 360 feet length and 10 feet breadth marked as 'ABCD', in the rough plan attached to the plaint. According to the appellants, they are the absolute owners of the said cart track. The father of the appellants inherited the suit property from his ancestors and enjoyed the same till his death in the year 1970. As his legal heirs, the plaintiffs/appellants have succeeded to his estate and enjoying the suit property. In the year 1985, the appellants dug a well in their property. The mud excavated in the well was used to lay cart track in their own land, for their own use exclusively.