R.MAHADEVAN
Thukkaram – Appellant
Versus
Shanthi Varadharajan – Respondent
R. MAHADEVAN, J.
1. Plaintiff has preferred the second appeal, aggrieved against the concurrent finding of the courts below in dismissing the suit filed by him for declaration of title and permanent injunction.
2. The case of the plaintiff before the Trial Court was that he is the absolute owner of the 'A' schedule property including the common pathway measuring 2 = feet in width and 42 = feet in length, having purchased the same by a registered sale deed dated 24.03.1983. The first defendant is the owner of the 'B' schedule property, including the pathway measuring 2 = feet in width and 42 = feet in length, having purchased the same by a registered sale deed dated 23.05.1985. The plaintiff, his tenants and the first defendant are using the said common pathway to reach their respective portions. The plaintiff has a Press in the front side of 'A' schedule property, which got direct entry from the street. Except the common pathway, there is no other pathway for the plaintiff to reach the rear portion (behind the Press) of 'A' schedule property and the first floor. The first defendant is attempting to interfere with the plaintiff's right to use the common pathway and issued a
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