JUDGMENT :

(Prayer: Second Appeal has been filed under Section 100 of the Civil Procedure Code against the judgment and decree dated 26.11.2009 made in A.S.No.95 of 2008 on the file of the Third Additional Subordinate Judge, Coimbatore confirming the judgment and decree dated 25.04.2006 made in O.S.No.896 of 2005 on the file of the Third Additional District Munsif Court, Coimbatore.)

(The case has been heard through video conference)

1. This Second Appeal is preferred by the plaintiff against the concurrent finding of the Courts below.

2. The plaintiff being the owner of the property in S.No.153/1 of Madhampatti village claiming Easementary Right over 13 feet cart track prescribed to him under the sale deed Ex.A2 laid suit for mandatory injunction and permanent injunction alleging that the defendant has encroached 3 feet east-west, 35 feet north-south of the cart track at the entrance of the cart tack. His case is being a dominant tenement, his right of easement of way cannot be encroached by the survient tenement.

3. The suit was defended on the ground that there is no 13 feet cart track in the field. It is only 11 feet width. The vendor to the plaintiff and the defendant were using th