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2017 Supreme(Mad) 1129

S.VAIDYANATHAN
Perumal – Appellant
Versus
Ganesan (deceased) – Respondent


Advocates Appeared:
For the Appellant : Mr. P. Dinesh Kumar for Mr. D. Ravichander
For the Respondents: Mr. R.S. Varadarajan for Ram & Raj Associates

JUDGMENT :

The appellant herein, who was successful before the Trial Court, is before this Court by way of this Second Appeal, aggrieved by the judgment of reversal passed by the First Appellate Court.

2. Since the issue involved in both the Appeals is one and the same, the Appeals are taken up for disposal by a common judgment.

3. The appellant herein is the plaintiff before the Trial Court. The case of the appellant/Perumal before the Trial Court is that the property in 'A' schedule is his absolute property, purchased by him under a registered Sale Deed dated 25.05.1987 from one Kishta Pillai, S/o. Narayana Pillai for Rs.2,400/- and he is in possession and enjoyment of the same. The said property is situated on the eastern side of the respondent's house and the way to the property is described in 'E' schedule. Kishta Pillai was in possession and enjoyment of 'A' schedule property. According to the appellant/Perumal, he is in enjoyment of the right of way over 'B' schedule property to reach his property in 'A' schedule and he reaches his house in 'A' schedule property from the western side only through the way described in 'B' schedule. So also, the respondent/Ganesan has access to h




















































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