RAJATHI Vs. PICHAI (DIED)

JUDGEMENT

(1.) The plaintiff is the appellant before this Court and the appeal is filed against the reversing Judgement in A.S.No.20 of 2010 on the file of the Sub Court, Peramballur. The parties are referred to same array as in the suit. The brief facts which are necessary to be alluded to in order to arrive at a decision as to whether Substantial Questions of law arise in the above Second Appeal are as follows:

(2.) The plaintiff had filed a suit for an injunction restraining the defendants from interfering with her peaceful enjoyment of the suit property which was a pathway marked as A, B, C and D in the plaint plan. It is the case of the plaintiff that the suit property was purchased by one Mohideen Sahib under a registered sale deed dated 23.01.1975 and that the plaintiff had purchased the said property from his legal heirs under a registered sale deed 24.08.1994. In both the documents there is a clear reference to the suit pathway is the statement of the plaintiff.

(3.) West of the suit property is situate the lands of the defendants and their thatched house. In between the thatched hut of the defendants and the plaintiff's land a common pathway is situate. The street lights and the drain run on this pathway which is situate immediately north of the plaintiff's property. The defendants had requested the plaintiff to sell the suit property to them but the same was refused and therefore enraged by the refusal the defendants started interfering in the usage of the common pathway by the plaintiff. On 03.12.1999 there was an attempt to block the pathway, therefore, left with no other alternative the plaintiff had been constrained to file the above suit.