1. This second appeal is directed against the Judgment and Decree dated 29.04.2003 passed in A.S.No.116 of 2002 on the file of the Subordinate Court, Bhavani, reversing the Judgment and Decree dated 10.10.2002 passed in O.S.No.49 of 1999 on the file of the Principal District Munsif Court, Bhavani.

2. The second appeal has been admitted on the following substantial questions of law:

(i) Whether a claim based on adverse possession and easementary right based on necessity can go together in the eye of law?

(ii). In the absence of any pleading and proof of a right to use the passage based on adverse possession, has not the lower appellate Court committed an error of law in granting such a right?

3. Considering the scope of the issue involved in this second appeal lying in a narrow compass, it is unnecessary to discuss in detail about the case of the parties at length.

4. The suit has been laid by the plaintiff in respect of the cart track and it is found that the plaintiff has sought for declaration in respect of the suit cart track by way of easement of necessity and the consequential relief of permanent injunction as regards the same.

5. The defendants contested the plaintiff's s