Appellant is the legal heir of the deceased defendant in O.S.No.476 of 1989, on the file of District Munsif’s Court, Madurai Taluk.

2. Suit filed by respondent (plaintiff) was one for declaration that the suit property is a common pathway belonging to both plaintiff and defendant, and consequently, to grant a permanent injunction restraining the defendant from interfering with the plaintiff’s possession and enjoyment of the same, and also for a mandatory injunction to remove a septic tank which was constructed within the pathway.

3. Defendant disputed all the claims of plaintiff.

4. It is better to summarise what is stated in the pleadings.

5. It is said that the suit property is a common lane and a rough plan was also produced along with the plaint, showing the location. Respondent’s house is situated on the southern side of the common lane, and defendant’s house is situated on the northern side. It is said that the plaintiff’s house is more than 100 years old, and defendant’s house is more than 125 years old. Plaintiff’s building is Madras terraced. The walls of his building are made up of brick and mud mortar. It is said that the building was allotted to plaintiff’