1. The judgment and decree dated 20.4.2001 and made in A.S.No.169 of 1999 on the file of the learned III Additional City Civil Court Judge, Chennai, confirming the judgment and decree dated 20.8.1997 and made in O.S.No.2889 of 1993 on the file of the learned XIII Assistant City Civil Court Judge, Chennai, have been challenged in this Second Appeal.

2. The defendant in the suit is the appellant, whereas the plaintiffs 1 to 5 are the respondents herein. For easy reference and also for the sake of convenience, the parties to the Second Appeal may hereinafter be referred to as the plaintiffs and defendant wherever the context so require.

3. The suit property has been described in the schedule of plaint as under:-

“Property used as common pathway comprised in R.S.No.1147/4 (Part) starting from and in between Door Nos.5 and 17, Lakshmipuram, IInd Street, Royapettah, Madras-14 and passing adjacent Door No.79, Dr.Radhakrishnan Salai and ending at Door Nos.6 to 9 Lakshmipuram IInd Street, Madras-14.”

4. According to the plaintiffs, they have been using the suit property as a common pathway, which is said to have been comprised in the abovesaid R.S. Number.

5. Obviously, the alleged