1. The plaintiffs, who were non-suited by the concurrent findings of the Courts below as regards their prayer for declaration that they have the right to use the suit property (itteri) to reach LBP canal and for consequential injunction, challenge the findings of the Courts below by way of the present Second Appeal.

2. The case of the plaintiffs, who claim to be the adjacent owners of the suit property, is that the itteri in S.F. Nos. 69 and 70 in Ayalur Village within the Sub-Registration District of Gobichettipalayam, are not the exclusive property of the defendants 1 to 3 and that the general public are also entitled to use the itteri as public thoroughfare. The further case of the plaintiffs is that the itteri was used to reach Avayarpalayam on the north passing through S.F. Nos. 69 and 70 and when the Lower Bhavani Project Canal was constructed, the itteri got detached and stopped with S.F. No. 69 itself and, therefore, the public were using the itteri to reach S.F. No. 68 for taking water and bathing purposes. According to the plaintiffs, defendants 1 to 3 have encroached the suit property, viz., itteri, and did not allow the usage of the same by the public. The fur