Plaintiffs claiming under the original owners held entitled for right over the cart track.

1. Plaintiffs are the appellants. The suit is one for declaration that the plaintiffs are entitled to the cart track as an easement of prescription and for permanent injunction. The plaintiffs’ case is that plaintiffs 2 and 3 are the sons of first plaintiff and Vanjammal is the mother of plaintiffs 2 and 3 and wife of the first plaintiff. Defendants 2 and 3 are the sons of the first defendant. The lands measuring 0.30 cents in survey No.70/1 and 1.06 acres in survey No.66 belonged to the plaintiffs and they were shown in green colour in the plaint plan. The portion marked in red and the right of cart track towards south and east shown as A B C in the plaint plan and the other rights belonged to Velappa Gounder and his sons were sold to Vanjiappa Gounder and Palanichamy Gounder, sons of Arumuga Gounder on 18.3.1977, who, in turn have exchanged those properties and rights with the plaintiffs 2 and 3, their sisters and mother under the document dated 14.6.1982. In both these documents their rights with regard to cart track are specifically stated. The portion marked in black in the plaint belongs to the defendants. The original owner of the lands in survey Nos.70/1 and 69/2 shown in red colour, now owned by the plaintiffs, were once owned by Velappa Gounder, whose grandfather is Mariappa Gounder, who is the brother of the first defendants father Karuppanna Gounder. As such the red marked portion and the black marked portion originally belonged to the common ancestors. Survey No.69/1 is owned by one Angappa Gounder and the track A B C is on the western fringe of black marked portion and the southern fringe and the same are in existence for a long time and it was enjoyed by Velappa Gounder, subsequently by his purchaser and now by the plaintiffs. The said cart rack continued towards north on the western end of the plaintiffs’ properties and similarly B C continues towards east in survey No.67. The track A B C in defendants’ properties is an easement of right of cart track enjoyed by the plaintiffs as an easement by prescription. The owner of survey No.69/1 Angappa Gounder had filed a suit in O.S. No.754 of 1974 on the file of District Munsif Court, Palani against the first defendant and others. The cart track was also in existence and the same was noted down by the Advocate Commissioner appointed in the said case in his report. The said suit was compromised recognising the contract. As such the existence of the track A B C has already been established and the same cannot be disputed. The defendants had an idea to purchase the red marked portion from Velappa Gounder but the plaintiffs had purchased the same and therefore, the defendants were having ill-feeling towards the plaintiffs and were trying to cause obstruction to the plaintiffs’ use of the track A B C which resulted in filing the suit.

2. The first defendant filed a written statement wherein he has contended that the suit properties were not properly shown in the plaint plan and the plaintiffs have filed the plan according to their own case. The portion marked in red colour in the plaint plan came to be owned by the first plaintiffs wife Vanjammal and his daughter Palaniammal, wife of Palanichamy Gounder and her sons who are plaintiffs 2 and 3. They got those lands by a deed of exchange. Vanjappa Gounder and Palanichamy Gounder purchased those properties from Velappa Gounder in 1977. Velappa Gounder and his son Palanichamy Gounder and Kaliappa Gounder have divided their properties on 9.7.1963 and the ‘B’ schedule properties were allotted to Velappa Gounder and items 2, 3 and 4 in ‘B’ schedule were the properties which were the subject matter of the exchange deed. Item No.1 in survey No.67 was sold to one Muthusamy and the rests were enjoyed by himself. Velappa Gounder and his uncle Palanichamy Gounder partitioned the property in 1963 and the properties shown in the said partition and the properties shown by the plaintiffs differ. It is stated that no cart track ha