The plaintiff in O.S.No.2374 of 1979 on the file of the 17th Assistant Judge, City Civil Court, Madras, is the appellant in the Second Appeal. The defendants 1 to 5 in the said suit are the respondents 1 to 5 in this Second Appeal. For the sake of convenience the parties are referred to by the nomenclature given to them in the suit.

2. The plaintiff’s suit is for declaration that the garage in A Schedule property is the common property of the plaintiff and his co-owners of other flats and for directing the second defendant to deliver possession of the garage to the plaintiff and other co-owners and for grant of permanent injunction restraining the first defendant from in any way dealing with the garage contrary to the covenants in the sale deeds and against the second defendant from in any way obstructing the plaintiff from using the garage with his undivided l/4th share in the land out of 2 grounds and 1,650 sq.ft. The case of the plaintiff is as follows: The house and ground bearing door Number 12 (old Door No.26), Thiruvengadam Street, described in A schedule, originally belonged to the father of the first defendant. He had transferred the same by a deed of gift dated