N NALLASAMY Vs. K N PERUMAL

JUDGEMENT

(1.) N. Nallasamy, the plaintiff is the appellant herein. He filed the suit for declaration of his title in respect of the suit property and permanent injunction restraining the defendants from using the suit property as a cart track. The suit was dismissed by the trial Court. However, in the appeal filed by the appellant/plaintiff and cross objection filed by the defendants, the lower appellate Court granted decree in favour of the plaintiff in respect of declaration of title by declaring that the plaintiff is entitled to the suit property subject to the right of cart track in the suit property to the defendants. Challenging the same, the second appeal has been filed.

(2.) According to the plaintiff, the suit property in S.No. 302/2 was purchased by his grandfather and after his grandfather and his father and after getting the share of his brother, the plaintiff is in possession and enjoyment of the suit property. The adjacent properties in S. Nos. 297, 302/1 and 333 were purchased by the defendant. There is a well in S. No. 302/2 in which the plaintiff and defendants have got 1/2 share. The defendants claim the right of cart track in the suit property belonging to the plaintiff to reach their land situate next to the suit property. Since his possession has been disturbed by the defendants, the plaintiff filed the suit for declaration and permanent injunction.

(3.) According to the defendants, there is no other way to reach the land except, the cart track found in the suit property and the same had been used with the knowledge of the plaintiff and his predecessors for more than 40 years. Therefore, they have right over the cart track.