JUDGMENT:- The defendant is the appellant. The suit was for declaration of the plaintiff-respondent's title to the suit item and for injunction restraining the appellan't from interfering with the respondent's peaceful possession of the suit property.

2. On 30-6-1958, the respondent-plaintiff purchased the suit property and has been in possession and enjoyment thereof ever since. The suit item is of an extent of 1.52 acres in S.No.248/2.B, Chikkavasampalayam village. On 12-5-1964, the defendant trespassed into the same and attempted to lay a road 30-ft. wide. On these allegations, the respondent brought the suit for the said reliefs.

3. The appellant-defendant contended that originally S.No.248/2.B, of an extent of 2.06 acres, which was divided into a number of house-sites, belonged to one Subbiah Chetti. He left space for a road for giving access to the house-sites. On 1-5-1945, he sold seven sites to one Guruswami Naicker, specifically mentioning a 30-ft. road on the south of the sites. On 29-10-1962, Guruswami Naicker sold the entire property to one Thirumakkal, the mother of the defendant, and, in a partition made on 15-5-1963, this was allotted to the defendant. The rem