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2017 Supreme(Mad) 1386

T.RAVINDRAN
Dravidamani – Appellant
Versus
State of Tamil Nadu Rep. by the District Collector, Tiruvarur Collectorate Tiruvarur – Respondent


Advocates Appeared:
For the Appellants :Mr. Srinath Sridevan, Advocate.
For the Respondent:Mr. T. Jayaramaraj Govt. Advocate (CS).

JUDGMENT :

T. Ravindran, J.

The plaintiffs, in this second appeal, have impugned the judgment and decree dated 14.09.2010 made in A.S. No.8 of 2010 on the file of the Sub Court, Mannargudy, confirming the judgment and decree dated 11.11.2009 made in O.S. No.78 of 2005 on the file of the District Munsif Court, Thiruthurai Poondi.

2. The suit has been laid by the plaintiffs for declaration and permanent injunction.

3. The suit property is situated in Town Survey No.228/7, 63 cents of Kuttai Porampokku and out of the same, 4 cents on the northern bund of the Kuttai, East-West measuring 49 meters and north-south measuring 11 meters within the specific boundaries.

4. The plaintiffs claim right of easement by prescription over the suit property. According to the plaintiffs, they had been using the suit property as a pathway from 1959 onwards for having access to Uppukulam street and the same had been in the continuous enjoyment of the plaintiffs for several years and accordingly, the plaintiffs have also planted coconut, lime trees in the suit property and enjoying the usufructary right of the same and further, the plaintiffs have also planted bamboo clusters at the intersection of the proper
































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