The defendant is the appellant. The suit was for declaration of the plaintiff-respondent’s title to the suit item, and for injunction restraining the appellant from interfering with the respondent’s peaceful possession of the suit property.

2. On 30th June, 1958, the respondent-plaintiff purchased the suit property and has been in possession and enjoyment thereof ever since. The suit item is of an extent of 1.52 acres in S. No. 248/2-B, Chikkavasampalayam village. On 12th May, 1964 the defendant trespassed into the same and attempted to lay a road 30-feet wide. On these allegations, the respondent brought the suit for the said reliefs.

3. The appellant-defendant contended that originally S.No. 248/2-B, of an extent of 2.06 acres, which was divided into a number of house-sites, belonged to one Subbiah Chetti. He left space for a road for giving access to the house-sites. On 1st May, 1945 he sold seven sites to one Guruswami Naicker, specifically mentioning a 30-feet road on the south of the sites. On 29th October, 1962 Guruswami Naicker sold the entire property to one Thirumakkal, the mother of the defendant, and, in a partition made on 15th May, 1963 this was allotted to th