1. Challenging the judgment and decree dated 10.9.2001 and made in A.S. No. 63 of 2000 on the file on the Learned Subordinate Judge, Bhavani reversing the judgment and decree dated 9.6.2000 and made in O. S. No 161 of 1997, the Plaintiff has approached this court by way of this Second Appeal.

2. The factual matrix of the case of the parties to the Apex are detailed as under:

The Suit is instituted by the Plaintiff as against the Defendant.

1. To declare the Plaintiff’s easement right over the suit property

2. To grant an order of permanent injunction restraining the Defendant his men, agents assignees etc., from interfering with the Plaintiff’s peaceful enjoyment of the Suit cart track.

3. Out of the total extent of 2.89 acres of his ancestral property comprised in S.F. No. 41/A of Ennamaugalam Village, the Plaintiff got 1.44 ½ cents on the northern portion, of which, the Plaintiff and his minor son had sold an extent of 0.72 ½ cents to one Siddha Gounder, son of Makkapalani Gounder on 14.11.1972 only in common without having boundaries. Even prior or after the above sale, the Plaintiff had been in peaceful possession and enjoyment of his property only on convenient sake