KOOLAN @ MUNUSAMY Vs. CHENNAMMAL

JUDGEMENT

(1.) These twin appeals arise out of two decrees passed in two separate appeals, both of which have arisen from O.S.No.282 of 1997. The suit is laid for declaration of plaintiff's right over a cart track in the suit property. Parties would be referred to by their rank before the trial Court.

(2.) There is a broader agreement on substantive facts, and the only dispute relates to the right of way. Hence the facts not in dispute are narrated as below:

(3.) The trial court has appointed a Commissioner and he has produced plan and report and the same was marked as Exts.C1 and C2. For the plaintiff, his two sons were examined as P.W.1 and P.W.2 and they have produced Exts.A1 and A2 referred to above. For the defendants, the 1st defendant was examined as D.W.1. Besides, they have also examined three other witnesses. They have produced Exts.B1 to B4, of which Ext.B4 and B2 have already been referred to above. Ext.B1 is a sale deed dated 01.06.1990 under which the plaintiff has purchased the a property in S.No.188.