PEDDA SEETHARAMAPPA Vs. PEDDA APPAIAH

JUDGEMENT

(1.) S. A. No. 85 of 1957, on behalf of the defendants is directed against the judgment and decree of the Subordinate Judge of Anantapur dated 26/02/1957, allowing the appeal and decreeing the suit of the plaintiff respondent, for a declaration of his right to the use of the cart tracks A B C D and A B C E in the plaint plan and for a permanent injunction restraining the defendants from interfering with the respondents user of the above siad cart tracks, which was dismissed by the District Munsif.

(2.) The facts which given rise to this appeal are: The appellants and the respondent are residents of Konapuram Village in Kalyandurg Taluk and are closely related to each other. The respondent is the owner of plot P in Cherlothota shown in the plaint plan. The way to this field is through G. A. B. C. D. in the plaint plan and at point C the way bifurcates; the C E is used for taking carts to Cherlothota. All the sharers of Cherlothota have been using the said track for taking their carts to Cherlothota as well as to Paduthota and other fields to the west and the respondent and his predecessors have been using the cart track form time immemorial without any obstruction from anybody. Originally, the respondents branch and the appellants branch belonged to a joint family at which time all the lands were held joint and about 30 years ago during the life time of the respondents father, a division of the family property took place and the appellants branch got the fields S. No. 366-1/A, 367-1/A and 367-1/-C and the right to use the cart track was recognised for the benefit of all the sharers and all the sharers have been using the said track even after the partition. The appellants denied this right of the rerspondent and hence the present suit for declaration.

(3.) In the plaint, it also stated that apart from the route G A B C D, thereis another cart track. f E D shown in the plaint plan, which runs through salinefields and is unusablefor a mJor portion of theyear as it would bewater-logged.