The main legal point established in the judgment is the analysis and application of the concept of easement of necessity and implied grant in a property dispute.

This second appeal is focussed by the plaintiff animadverting upon the judgment and decree dated 27.02.2002 passed by the learned Subordinate Judge, Sankari in A.S.No.65 of 1998 in reversing the judgment and decree dated 26.06.98 passed by the learned District Munsif, Tiruchengode in O.S.No.589 of 1998.

2. The parties, for convenience sake, are referred to here under according to their litigative status before the trial Court.

3. Heard both sides.

4. Compendiously and concisely, the relevant facts absolutely necessary and germane for the disposal of this second appeal would run thus:

a] The appellant herein, who happened to be the plaintiff, filed the suit seeking the following reliefs:

To pass a decree in favour of the plaintiff and as against the defendants and their men -

a) declaring the plaintiff's right and title to the user and enjoyment of the suit cart-track in S.No.18/3-A/1 and S.No.18/3-A-2 and

b) to grant permanent injunction against the defendants and their men by restraining them from in any way obstructing or disturbing the user and enjoyment of the red coloured portion cart-track in S.No.18/3-A-2 by obliterating the same and;

*b) (i) grant mandatory injunction against the defendants and their men and thereby direct them to restore the suit cart-track which was obliterated in S.No.18/3-A-2* and for costs.

*plaint amended as per order in I.A.1296/91 which was dismissed on 17.10.94 and the order of dismissal was revised and the amendment was allowed as per the order in CRP No.80/95 dt.30.10.96 by High Court of Judicature at Madras.*

(extracted as such)

b] Whereas the defendants filed the written statement, challenging and impugning the averments as found set out in the plaint.

c] The trial court framed the relevant issues.

d] During trial, the plaintiff examined himself as PW1 along with P.Ws.2 and 3 and marked Ex.A1 to A3. On the defendants' side D2-Krishnan examined himself as DW1 and marked Exs.B1 to B16 and court documents Exs.C1 and C2 were also marked.

e) Ultimately, the trial court decreed the suit.

f) Being aggrieved by and dissatisfied with the judgment and decree of the trial court, the defendants 1 and 2 filed the appeal. Whereupon, the appellate court set aside the judgment and decree of the trial court and dismissed the original suit.

g] Challenging and impugning the judgment and decree of the first appellate court, the plaintiff has preferred this second appeal on various grounds and also suggesting certain substantial questions of law.

5. My learned predecessor framed the following substantial question of law:

"In the face of the recitals in A2 and A3 which expressly grants a right of way over the suit property to reach the Natham land situated in Survey No.22, has not the lower appellate court committed error of law in non-suiting the plaintiff on the ground of availability of an alternate way"?

(extracted as such)

6. After hearing both sides, this court thought it fit to re-formulate the substantial questions of law to the knowledge of both sides.

1. In the absence of defendants 1 and 2 or their ancestors, being parties to Exs.A2 and A3, whether any right of pathway contemplated therein would be binding on D1 and D2?

2. Whether the survey record Ex.B5 emerged in favour of the plaintiff, which was subsequently sought to be challenged could be used in favour of the plaintiff to assert his right?

3. Whether the concept "easement of necessity by implied grant" is applicable in the facts and circumstances of this case?

4. Whether the first appellate court as contended by the plaintiff failed to adhere to Order 41 Rule 31 of CPC in disposing of the appeal?

5. Whether there is any perversity or illegality in the judgment and decree of both the courts below?

7. Both sides advanced their arguments on the substantial questions of law framed by me.

8. All these points are taken together for discussion as they are inter-linked and interwoven, inter-connected and entwined with one an