The plaintiff in the trial Court is the appellant in the second appeal. The suit filed by the plaintiff for injunction in respect of a vacant house site to an extent of 1147½ sq.ft admeasuring 13 ½ feet in the North-South and 85 feet in the East-West bounded on the North by the site of the defendants 1 and 2, on the south by the site of the third defendant, on the East by the Channel and on the West by the common pathway and the open space Vasal for the beneficial use and enjoyment of the plaintiff and his wife and the defendants 1 and 2 comprised in Gramanatham Survey No.96 of Thirisoolam Village, Madras.

2. The case of the plaintiff is that he has purchased the suit property under the sale deed dated 110. 1982 and he is in possession of the same and before his purchase his brothers were in possession and the defendants 1 and 2 have attempted to encroach upon the northern side of the plaintiffs property and the third defendant has attempted to encroach upon the southern side, which was prevented by the Public.

3. The defendants however denied any right to the plaintiff in respect of the passage as well as open space and the defendants are in possession of the property