ALWAR CHETTIAR Vs. NATARAJAN PILLAI

JUDGEMENT

(1.) All these appeals arise out of the common judgment passed by the Subordinate Judge, Cuddalore in O.S.No. 214 of 1985, O.S.No. 218 of 1986 and O.S.No. 220 of 1986 and they are dealt with together.

(2.) One Natarajam Pillai and his wife Kasturibai Ammal along with their minor son Ramasami brought suit in O.S.No. 214/85 against Jayalakshmi Ammal, Ramamurthi Reddy and Alwar Chettiar for a decree for partition and separate possession of the plaintiffs' 2/3rd share of the suit property against defendants 1 and 2 and for a decree of a mandatory injunction against third defendant to restore the damaged wall and for a prohibitory injunction against the third defendant from trespassing on the suit property. The case of the plaintiffs is that the suit property was a portion of the house-site carved out of a private pathway and they had purchased 2/3rd undivided share of the original owners of the suit property and the first defendant had purchased 1/3rd undivided share of the same from the original owners and the third defendant, who recently purchased the house situated in the north of the lane, demolished a portion of the wall on the lane and put up a doorway for access in the lane.

(3.) One Elumalai and Ramamurhi instituted suit in O.S.No. 218/86 against Natarajan Pillai, his wife Kasthuri Ammal and Jayalakshmi Ammal for declaration of plaintiffs' right of customary easement to use the suit property and for permanent injunction restraining the defendants from interfering with the plaintiffs' enjoyment of the suit property. According to the plaintiffs, the suit property, alleged to have been purchased by the defendants, is used as a road for several decades and the public including the plaintiffs are using it as of right and have acquired the right of customary easement.