S.S. Sundar, J.

1. The Plaintiff in the suit in O.S.No.18 of 1999 on the file of the District Munsif Court, Aranthangi, is the appellant in this Second Appeal.

2. The appellant filed a suit in O.S.No.18 of 1999 for declaration that the plaintiff Bank has a common right of way over the suit property for the free ingress and egress and for consequential innunction, restraining the respondents herein in any manner interfering with the right of way.

3. The case of the appellant as has been read from the plaint, are as follows:

3.1. The suit property has been classified as Zari Natham in the Government records and it belongs to one Murugaiah Pillai. The said Murugaiah Pillai purchased the property under registered Sale Deed dated 30.01.1943. Subsequently, the said Murugaiah Pillai entered into a sale agreement with the plaintiff's bank in respect of 8 cents of vacant land with a common right of way from its west. Since the said Murugaiah Pillai failed to execute the Sale Deed, the plaintiff Bank filed a suit for specific performance against the said Murugaiah Pillai, in O.S.No.253 of 1964 before the District Munsif Court, Thanjavur, and obtained a decree. In execution of the said