1. In this second appeal, challenge is made to the judgment and decree dated 17.01.2005 passed in A.S.No.32 of 2004 and Cross Appeal on the file of the Principal Subordinate Court, Vridhachalam confirming/modifying the judgment and decree dated 12.12.2003 passed in O.S.No.151 of 1995 on the file of the District Munsif cum Judicial Magistrate court, Neyveli.

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

"1. When the respondents had not acquired any right of easement as envisaged under Section 12 of the Easements Act, 1882, whether they are entitled to decree for declaration and injunction?

2. When the respondents had not established their alleged use of the suit pathway by credible evidence, whether the courts below are justified in law in decreeing the suit in contravention of Sections 101 to 103 of the Evidence Act, 1872?

3. Whether the Lower Appellate court is correct in law in dismissing the Appeal and partly allowing the Cross Appeal, especially when the respondents had failed to establish the width of the suit pathway as alleged by them?

4. When the vendor of the respondents under Ex.A1 sale Deed, does not have any right over the su