1. The third defendant is the appellant. Respondents 1 and 2 filed suit O.S. No. 1139/80 before the District Munsif of Dindigul against the appellant and respondents 3 to 8 for declaration of their joint ownership over a pathway, their right of way over it as an easement of necessity and for a consequential injunction restraining the appellant and respondents 3 to 8 from causing any obstruction or hindrance to such user.

2. The averments in the plaint necessary for the disposal of the Second Appeal are as follows:

Respondents 1 and 2 were the owners of the land shown in red colour and marked as ABCD in the plaint plan. Originally the properties in S. Nos. 162-A/7-A, 162/7-B and 162/7-C situate south of ABCD belonged to two brothers Ramasamy Vanniyanar, Thiruvengada Vanniyanar and their unmarried blind sister Pappathiammal. In a partition that took place about 50 years prior to the filing of the suit in S. No. 162-A/7-A, the western portion fell to the share of Ramasamy Vanniyanar, the middle portion to Thiruvengada Vanniyanar and the eastern portion to Pappathiammal. At the time of partition, the land ABCD had been carved out for the use of the allottees of the middle an