PERIYANNA GOUNDER DIED Vs. KOMARASAMI

JUDGEMENT

(1.) THE defendants in O.S.No.60 of 1984 on the file of the II Additional Sub Judge, Erode, are the appellants herein.

(2.) THE respondent/plaintiff filed a suit for declaration of his right to use the suit cart track and consequential injunction restraining the defendants from interfering with the plaintiff's user of the suit cart track. THE trial court dismissed the suit. However, in the appeal in A.S.No.95 of 1987 on the file of the Principal District Judge of Periyar District at Erode, the first appellate Judge reversed the order of dismissal of the suit, allowed the appeal and decreed the suit in favour of the plaintiff. Hence, this second appeal by the defendants.

(3.) THE case of the plaintiff is this: ?THE plaintiff is the owner of the northern portion of S.F.No.109 of Thindal Village and the defendants are the owners of the southern portion of S.F.No.109. THE plaintiff, the defendants and others have to reach their respective lands along the suit cart track which is situated in Government poromboke. Except the suit cart track, there is no other cart track for the plaintiff to reach his land in S.F.No.109 from his village. THE plaintiff and his predecessors-in-title have been using the suit cart track from time immemorial and therefore, the plaintiff has perfected his right of easement by way of prescription and also of necessity. Since the defendants are now denying the easement right of the plaintiff in the suit cart track, the plaintiff filed the suit.?