Mr. T. Ravindran, J.

1. Challenge in this second appeal is made by the defendants against the Judgment and decree dated 29.10.2010 made in A.S. No.13 of 2010 on the file of the Subordinate Judge, Tiruchengode, Namakkal District confirming the Judgment and Decree dated 10.12.2009 made in O.S. No.200 of 2000 on the file of the Additional District Munsif Court, Tiruchengode, Namakkal District.

2. The second appeal has been admitted and the following substantial question of law is formulated for consideration.

(a) Whether the Courts below are right in decreeing a suit which is against the evidence let in by the parties to the suit?

3. The suit has been laid by the plaintiffs for permanent injunction.

4. The suit is in respect of the cart track alleged to be situated in S.Nos.319/1 and 320 and stated to be 13 feet width, running on the eastern side of the above said survey numbers, north south for having access to Namakkal Main Road and for taking vehicles as well as cattle.

5. The plaintiffs are claiming title to the above said suit cart crack under the Sale Deeds dated 14.10.1969 and 25.08.1985 marked as Exs.A1 and A2 respectively. Now according to the plaintiffs, the first plaint