1. Challenge in this second appeal is made to the judgment and decree dated 25.10.2005 passed in A.S.No.54 of 2005 on the file of I Additional Subordinate Court, Erode reversing the judgment and decree dated 28.09.2004 passed in O.S.No.2 of 2001 on the file of the I Additional District Munsif Court, Erode.

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

"1. Whether the first appellate court is right in holding that the respondents / defendants have a right of cart track through the appellant / plaintiff's land, while the respondents / defendants have not produced any documents to claim a right over the patta land of the appellant / plaintiff?

2. Whether the first appellate court is right in holding that the cart track runs in the appellant / plaintiff's land is a common cart track over which the respondent / defendant have a right to use, in the absence of any documentary evidence and especially when the cart track is not extending upto the land of the respondents / defendants, while the respondents / defendants had not raised nay counter claim in the suit?

3. Whether the first appellate court is right in holding that the respondents / de