K KALIANNA GOUNDER Vs. SUNDARARAJ, S/O PETCHIMUTHU

JUDGEMENT

(1.) The plaintiffs are the appellants herein. The suit was filed for permanent injunction restraining the defendants their men and agents from forcibly forming any cart track within the suit property.

(2.) The suit property is described as 46 cents of land meant for common purpose specified in the registered partition deed Ex.A.1 dated 02.04.1958 where, it is alleged that the defendants are forcibly forming a cart track.

(3.) Both the Courts below held against the plaintiffs holding that 46 cents of land earmarked under the partition deed Ex.A.1 includes cart track, to have access to the defendants land. The trial Court after considering the Ex.A.1 partition deed between the Kaithamalai Gounder grand-father of the plaintiffs and Sivanappa Goundar, held that the defendants have established their easementary right by necessity and also their right as a co-owner.