Impugning the Judgment and decree dated 22.10.2007 passed in A.S.No.34 of 2007 on the file of the Principal Sub-ordinate Court, Gobichettipalayam, concurring with the Judgment and decree dated 20.07.2006 passed in O.S.No.174 of 1999, on the file of the District Munsif at Gobichettipalayam, the defendants have come forward with this second appeal.

2. The suit has been laid for permanent injunction.

3. The case of the plaintiff in brief is as follows:

The first item of the suit properties was allotted to the plaintiff in the partition effected between the plaintiff and the defendants on 26.06.1974 and the plaintiff and the defendants are brothers. The second item of the suit properties was purchased by the plaintiff and the defendants jointly and thereafter, as per the oral partition effected, the parties are in possession and enjoyment in respect of their shares. The plaintiff is residing in the house put up in the second item of the suit properties and as depicted in the plan appended to the plaint, the plaintiff and his predecessor in interest have been using the Cart Track, shown in red colour in the plaint plan, to reach their house and properties and only through the sai