R. SIVANANDAN AND ORS. Vs. RAJAMMAL AND ANR.

JUDGEMENT

(1.) The plaintiff is the appellant in this second appeal. The question for decision is whether in the lane marked V in the rough sketch. (Exhibit A-7) attached to the plaint, which belongs to the plaintiff, the defendants are entitled to a right of way. It is necessary to have an idea of the location of the properties as given in Exhibit A-7. There are five plots, designated by the letters I, II, III, IV and V in the sketch. Plot I is the westernmost plot and it abuts Kandasami Koil Street, which is west of Plot I and runs north to south. The north-south measurement of plot I is 30'. Plot II is just east of Plot I and it also measures 30' north to south. Plot III is just east of plot II, but its north-south measurement is only 22' (the east-west measurement being 30'). Thus the western boundary of Plot III is only to a length of 22' along the eastern boundary of plot II and that 22' is counting from the northern point of the common boundary. Plot IV is just east of Plot III and the north-south measurement thereof is also 22'(the east-west measurement being 60). Just east of Plot IV there is a public street called Satchidanandam Street. Plot V is immediately south of Plots III and IV aforesaid. Its north south measurement is 8; the east-west measurement is 30'+ 60=90'. In other words, the western boundary of Plot V is the sourthern portion of 8' of the eastern boundary of Plot II and the northern boundary of Plot V is the southern boundary of Plots III and IV. The following is a rough sketch of the properties described above:

(2.) Originally all the five plots belonged to one Munuswami, having been allotted to him in a partition (Exhibit B-l) dated 25th April, 1927. On 1st May, 1973, (Exhibit B-2 is the registration copy) he sold the easternmost plot, i.e., Plot IV, to one Kanniah Naidu (60' east to west and 22' north to south). The southern boundary is described as the vacant site retained by Munswami.

(3.) On 7th February, 1935 (Exhibit B-3 is the registration copy) Munusami sold plot III to Raju Pillai and Subbaraya Pillai. This is the most vital document in the case and the relevant portion of the schedule thereto runs thus: