Decided on February 01,2019

Jasmine Ennasi Appellant
Thaiyalnayagi Ammal Respondents


G.JAYACHANDRAN,J. - (1.) The second defendant in the suit is the appellant. Against the concurrent finding of the Courts below, the present second appeal has been preferred.
(2.) The suit is in respect of pathway measuring North to South 4 feet and East to West 4 feet and further North to South 6.6 feet and East to West 56.6 feet, total extent of 385 sq.ft. in R.S.No.269/1, Door No.19(known as Plot No.51), Hyder Garden II Street, cutting Krishnadoss Road, Perambur Barracks, Madras 600 012. The suit filed for declaration of Easementary Right of pathway, Mandatory Injunction to remove the wall constructed in the said passage and for Permanent Injunction not to put up further construction in the said passage.
(3.) The case of the plaintiff S.Chinnakolandai is that the entire extent of the plot bearing No.51, Hyder Garden II Street, Cutting Krishnadoss Road, Perambur Barracks, Madras is 1 ground and 894 sq.ft. Originally, the land was owned by Mrs.Safoora bi, who sold the property to Mr.Sambantha Mudaliar on 21.01.1960. Sambantha Mudaliar constructed a residential house in the back portion of the said plot lying on the west. During the life time of Sambantha Mudaliar, after retaining the house at the back portion of the plot No.51 measuring 1550 sq.ft., he handed over the vacant site of the front portion lying on the east measuring approximately 1260 sq.ft to the Cooks Road Depressed Classes Co-operative House Site Society Limited(hereinafter referred to as "the Society"). Later, in the year 1965, Sambantha Mudaliar received back an extent of 886 sq.ft in the front vacant portion of plot No.51 from the Society. Further, an extent of 385 sq.ft was left by the Society as a common passage for the beneficial use of the front and back portion land owners.;

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