The unsuccessful plaintiff in both the Courts below has preferred the above second appeal against the judgment and decree dated 22.9.1999 in A.S.28 of 1998 on the file of the Additional District Judge, Tiruvannamalai, confirming the Judgment and Decree dated 21.1.1999 in O.S.No.1048 of 1992 on the file of the I Additional District Munsif.

2. Thecase in brief is as follows:

The plaintiff filed the suit for the relief of declaration of easementary right owner the suit property and for permanent injunction against the defendant and his men from in any manner interfering with his right. The plaintiff is the owner of the land bearing Survey Nos.97/3B, 97/5A1, 5A2, 5B1 and 98. The defendants are the owners of the land bearing S.Nos.97/2A, 97/SB, 97/3A and 97/7A. The plaintiffs house is situated in S.No.97/7A. The main road connecting Thurinjapuram and Vadakarumbalur is running East to west and North of S.No.97/2A. This road is in S.No.97/1. It is a public road. Thee is also a well laid road from the public road running towards south for reaching the houses of the plaintiff as well as the defendant and others. The suit road is in existence from time immemorial running through S