RAJU
V. K. Ramasami Gounder and Others – Appellant
Versus
P. Ramasami Gounder and Others – Respondent
Key Points: - The case discusses that easements acquired cannot be extinguished under Section 41 of the Easements Act, 1882. (!) (!) (!) - Plaintiffs claim a cart track across A schedule property and seek declaration of title or easement by grant/necessity/prescription. (!) (!) - The first appellate court held that plaintiffs are not entitled to any right of way or cart track over A schedule property, leading to final appellate remand discussions. (!) (!) (!) (!) - The trial court initially granted reliefs in favor of plaintiffs; appellate court partly reversed, denying easement rights over A schedule while affirming B schedule rights. (!) - The judgment references various theories of easement by grant, prescription, and necessity, and analyzes extinction/non-extinction under Sec. 41 and Sec. 47. (!) (!) (!) (!)
The plaintiffs in O.S. No.1934 of 1970, on the file of the Court of Additional District Munsif, Namakkal, are the appellants in the above second appeal. They filed the suit for declaration of the plaintiffs title to A and B schedule properties, or in the alternative, to declare that the plaintiffs are entitled to the right of cart track, for their men, cart and cattle through the ‘CDE’ portion of the suit ‘A’ schedule property, and to declare the title of the plaintiffs to the suit ‘B’ schedule property and for permanent injunction, restraining the defendant from interfering with the plaintiffs’ peaceful possession and enjoyment of the suit ‘A and B’ schedule properties.
.2. The case of the plaintiffs before the trial court, as disclosed in the plaint, which had undergone an amendment, after remand in S.A. No.578 of 1977, by this Court was that the plaintiffs 1 to 4 are the sons of the 5th plaintiff, that the defendants 1 to 3 are brothers, that the plaintiffs 1 to 4 purchased lands in Survey Nos.25/9 and 24/4 along with portions of S.No.55/12 of Vennandur village, under a registered sale deed dated 6. 1968, from one Palanisamy Chettiar and others and filed Nos.24/4 and
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