BEL MOTORS Vs. UTHAGAMANDALAM MUNICIPALITY

JUDGEMENT

(1.) THIS second appeal has been filed against the judgment and decree, dated 5.7.1996, passed in A.S.No.64 of 1995, on the file of the Subordinate Judge, Uthagamandalam, Nilgiris District, allowing the appeal and dismissing the suit in O.S.No.31 of 1993, on the file of the District Munsif, Uthagamandalam.

(2.) FOR the sake of convenience, the parties are referred to as they have been arrayed in the original suit.

(3.) THE original owner of the land was utilising the adjacent land in survey No.811/3 of Uthagamandalam Town having the right of way from Ettins Road to Bell Motors. THE existing pathway from Ettins Road to Bell Motors which is 10 feet x 100 feet and it has been used by the plaintiffs and their predecessor in title for a long time.