Decided on February 05,2020

G.Ramaswamy Appellant
R.Dasan Respondents


- (1.) Aggrieved over the concurrent findings of the Courts below, dismissing the suit in O. S. No. 20 of 2002 and decreeing the suit in O. S. No. 67 of 2002, both the second appeals have been filed.
(2.) The parties are arrayed in these two Second Appeals, as their own ranking before the Trial Court.
(3.) The brief facts leading to the filing of these two second appeals is as follows: The suit property originally belonged to the father of the plaintiff Guruswamy Nadar and he was in possession and enjoyment of the property and he died intestate, leaving behind him/ the plaintiff and his three other sons as legal heirs. Out of the extent of 19- ? cents the plaintiff and his three other brothers left 1- ? cents on the eastern side for the purpose of pathway and the same is running towards south to north. The other area devolved into the hands of the plaintiff and three brothers. After the life time of the said Guruswamy Nadar, the plaintiff and his three brothers orally partitioned the property of 17 1/2 cents equally on 17. 07. 2000 and the western 4. 375 cents allotted to the plaintiff. Upto the plaintiff's western plot, a pathway is provided for the free ingress and egress of the land and in the patta land of the brothers of the plaintiff. Except the plaintiff and the three brothers, others have no right to use the pathway. ;

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