1. This appeal is against the judgment and decree made in A.S.No.422 of 1987 on the file of the IV Additional Judge, City Civil Court, Madras reversing the judgment and decree granted in O.S.No.3414 of 1986 on the file of 18th Assistant City Civil Judge, Madras. The defendant who succeeded before the trial court, but lost before the first appellate court is the appellant in this Second Appeal.

2. The plaintiff, the Madras Area Defence Services Co-operative House Construction Society Limited (hereinafter referred to as the ‘Society’) filed the suit for declaration and injunction alleging that the Society was formed in the year 1961; that its members are Ex-Servicemen, their wives and persons who are serving in the Defence Services; that at the instance of the Society, an extent of about 44 acres of land was acquired by the State Government and handed over to the Society for putting up houses for the benefit of its members; that lay-out and plan were approved and sanction was accorded to the Society to enable its members to put up houses; that there are roads in the lay-out which the Society has formed by spending its own money; that the roads are being maintained by the S