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2016 Supreme(Mad) 4027

S.S.SUNDAR
Tamil Nadu Police Housing Corporation – Appellant
Versus
R. Dhanalakshmi – Respondent


Advocates Appeared:
For the Appellant : Mr. S. Sathish Kumar, Addl. Govt. Pleader
For the Respondent:Mr. S. Ramesh, Advocate

JUDGMENT :

S.S. Sundar, J.

The defendants in the suit in O.S.No.1609 of 2004 on the file of the Principal District Munsif Court, Madurai, are the appellants in this Second Appeal.

2. The plaintiff/respondent filed a suit in O.S.No.1609 of 2004 for declaration that the plaintiff is entitled to the right of passage of 20 feet road, more fully, described in the ' B ' Schedule property for her ingress and egress to the property described in the ' A' Schedule. The title to the property which is described as ' A' Schedule is not in dispute. However, the plaintiff claimed that she has got a right to use the said 20 feet road to have access to 'A' Schedule property from the Telegraphic Office road and the O.C.P.M Road in Goripalayam, Madurai, as alleged in the plaint.

3. It is the specific case of the plaintiff that even before the defendants could construct the quarters, the pathway was in existence across the land and after the construction of Police quarters, the pathway became the road for the lay out. Since the plaintiff's case is that she has been using this 20 feet road which runs on eastern side of the property for a long time, she also claimed easementry right by prescription, apart f





















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