ORDER: The unsuccessful defendant before the Courts below has filed these second appeals.

2. The suit property among other properties originally belonged to one Thangammal She settled her properties under Ex.A-1 dated 6.1.1956 in favour of her three sons, namely, Sriranga Gounder, Ramasamy Gounder and the appellant. ‘A’ Schedule properties as shown in Ex.A-1 were given to the said Sriranga Gounder, and Ramasami Gounder. ‘B’ Schedule properties as shown in Ex.A-1 were given to the first appellant/ defendant. Sriranga Gounder and Ramasami Gounder divided the ‘A’ Schedule properties mentioned under Ex.A-1 in and by partition deed marked as Ex.A-2 dated 6.7.1979. Under Ex.A-3, dated 25.10.1979, Sriranga Gounder sold his undivided portion to the plaintiff, as the said property was kept in common inspite of the partition deed under Ex.A-2. By a document marked as Ex.A-4 dated 31.10.1979, the said property was divided between the plaintiff and Ramaswami. On the basis of the said partition deed, the plaintiff claims that he got a pathway right to an extent of 6 ft. width from north-eastern corner of the cattle shed leading to Idayanthottam Street. According to the plaintiff, the said right

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