Roads belonging to society cannot be termed as public road.

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 Society; that besides the roads, electricity lights are also put up and maintained by the Society; that drainage system also has been formed and maintained by the Society from out of its own funds; that the roads are all private roads belonged to the said Society; that public as such have no right to make use of the road as passage; that the roads belong exclusively for the benefit and use of the members of the Society only; that the defendant Komalavalli seems to have purchased some properties lying adjacent to the Societys lands; that the Society has after formation of the roads has put up fence at the terminal point of its property; that the defendant who has purchased adjacent property has no right to make use of the roads belonging to the Society; that the defendant in her attempt to make use of the road has tampered with the enclosures put up by the Society at the terminal of the road; that the attempt on the part of the defendant to encroach upon the roads is illegal; that the defendant has no right to have access through the roads belonging to the Society and in view of the hostile attitude taken by the defendant, the plaintiff is constrained to file the suit for declaration that the roads situated within the suit property are private roads belonging to the Society; that the defendant or others have no right to make use of the roads and consequentially for an injunction preventing the defendant and others from trespassing into the roads or from tampering with the enclosures put across the roads.

3. The defendant filed a written statement contending that the roads in the lay-out of the defence colony formed by the respondent Society, has become vested with the Panchayat; that they are public roads; that the defendant has purchased a plot adjoining the defence colony; that she has put up a house therein; that she is entitled to make use of the roads in the lay-out of the defence colony for having access to her plot; that the defence colony society has put up a fence preventing outsiders to use the roads; that the Society has no right to do so and that the Society is not entitled for declaration of its title or any injunction against the defendant.

4. Three other suits were filed by persons who are having plots or lands adjacent to the lay-out of the plaintiffs Society, asserting their right to make use of the roads in the lay-out and contending that those roads are all public roads within the meaning of the Panchayat Act and that they have a right to use to them. All the four suits happened to be disposed of by two Assistant Judges. Out of four suits, one suit ended in favour of the Society and three suits were decreed against the Society. The Society therefore preferred three appeals and the person who lost as against the Society also filed