KUPPUSAMY Vs. MUTHUSAMY

JUDGEMENT

(1.) The defendants in O.S.No.48 of 2008 on the file of the learned District Munsif, Sankari are the appellants herein. The said suit was instituted by the plaintiffs seeking declaration of their title to the suit properties measuring about 3 acres and 6 cents in Survey No.152 /1, subject to the easementary right of the defendants as shown in the plaint plan and consequential injunction restraining the defendants from entering upon the property of the plaintiffs, situated on the eastern side of the cart track and forming a new cart track on the eastern side of the plaintiffs' land.

(2.) According to the plaintiffs, the suit property originally belonged to one Sembayammal under a registered instrument of sale dated 24.02.1960. The plaintiffs are the grandchildren of the said Sembayammal.

(3.) The plaintiffs would contend that the right of way was conferred on the defendants under the Sale deed dated 24.02.1960 which was marked as Ex.A1. Since the defendants attempted to lay a new Cart track on the Eastern boundary of the land of the plaintiffs, as against the existing Cart track which starts on the Eastern extremity of the plaintiffs' property and run towards south to a distance of about 40 feet and thereafter, curves towards west and again runs towards south up to the land of Palani Gounder which is situated on the South, the plaintiffs were forced to come up with the present suit restraining the defendants from creating a new cart track on the eastern extremity.