JUDGMENT :

(Prayer: Second Appeal has been filed under Section 100 of the Civil Procedure Code against the judgment and decree dated 28.08.2003 in A.S.No.18 of 1999 on the file of IV Additional Judge, City Civil Court, Madras, confirming the judgment and decree dated 14.03.1997 in O.S.No.2075 of 1987 on the file of XVII Assistant Judge, City Civil Court, Madras.)

1. The second defendant in the suit is the appellant. Against the concurrent finding of the Courts below, the present second appeal has been preferred.

2. The suit is in respect of pathway measuring North to South 4 feet and East to West 4 feet and further North to South 6.6 feet and East to West 56.6 feet, total extent of 385 sq.ft. in R.S.No.269/1, Door No.19 (known as Plot No.51), Hyder Garden II Street, cutting Krishnadoss Road, Perambur Barracks, Madras 600 012. The suit filed for declaration of Easementary Right of pathway, Mandatory Injunction to remove the wall constructed in the said passage and for Permanent Injunction not to put up further construction in the said passage.

3. The case of the plaintiff S.Chinnakolandai is that the entire extent of the plot bearing No.51, Hyder Garden II Street, Cutting Krishnadoss Ro