1. The unsuccessful Plaintiff is the Appellant.

2. The Plaintiff filed the suit for declaration and injunction in respect of the `A’ scheduled property and claimed the right of easement over the `B’ schedule property.

3. The case of the Plaintiff was that originally the properties were owned by one Thoppai and after his death, his three sons Nadupayyan, Oomaiyan and Velli equally divided the properties among themselves and under the said division, Nadupayyan got the property on the Southernmost side and Oomaiyan got the property in “the middle and Velli got the property on the Northernmost side. The said Oomaiyan got 1.55 acres in the middle and he sold Southern 1 acre to the Defendants and the remaining 55 cents to the Plaintiff under document dated 09.11.1979. The other co-owner Velli also sold his share 1.55 acres situate on the Northern extreme to the Plaintiff under the Sale Deed dated 09.01.1979 and the Plaintiff got title in respect of 2.10 acre and therefore, filed Suit for declaration and injunction.

4. The Defendants contested the Suit stating that the properties were owned by one Thoppai and after his death, his sons partitioned the properties and Nadupayyan,