The plaintiff is the appellant. The plaintiff filed the suit for declaration in respect of cart track and for mandatory injunction directing the defendant to remove obstruction place in the said passage.

2. The case of the plaintiff is as follows:

An extent of 4 cents in S.No. 17/5 out of 9 cents belongs to Mathi Chettiar. He purchased the same under sale deed dated 2.12.59. The plaintiff purchased an extent of 2 cents on the South out of four cents under sale deed dated 21.11.60 from Mathi Chettiar for Rs. 300/-. The vendor kept two cents on the North. Since, there was no approach for the southern two cents even at the time of sale, the plaintiff purchased the southern two cents with passage on the northern property. The sale deed itself makes it clear that the plaintiff has got right to take cart and cattle and use the western property on the north as passage. Hence, the plaintiff had purchased right of passage as described in the sale deed, Mathi Chettiar sold northern two cents to his sons Alagarsamy and Gurusamy under sale deed dated 4.9.63 for a normal price. They were aware of their fathers right and also the right of the plaintiff. Hence, they have purchased the ex