JUDGMENT :

Prayer in S.A.1440 of 2001 :- This Second Appeal is filed under Section 100 of Civil Procedure Code against the judgment and decree passed in A.S.No.174 of 1997 on the file of the I Additional Subordinate Judge, Erode dated 05.01.2001 by reversing the Judgment and Decree passed in O.S.No.410 of 1995 on the file of the I Additional District Munsif, Erode, dated 06.12.1996.

Prayer in S.A.No.2138 of 2001:- This Second Appeal is filed under Section 100 of Civil Procedure Code against the judgment and decree passed in A.S.No.174 of 1997 on the file of the I Additional Subordinate Judge, Erode dated 05.01.2001 confirming the judgment and decree passed in O.S.No.410 of 1995 dated 06.12.1996, on the file of the First Additional District Munsif, Erode, against the respondents 1 and 2 may kindly be set aside and the appeal be allowed with cost throughout.

The Second Appeal No.1440 of 2001 is directed as against the judgment and decree passed in A.S.No.174 of 1997 on the file of the I Additional Subordinate Judge, Erode dated 05.01.2001 by reversing the Judgment and Decree passed in O.S.No.410 of 1995 on the file of the I Additional District Munsif, Erode, dated 06.12.1996.

2. The Second Appeal No.2138 of 2001 is directed as against the judgment and decree passed in A.S.No.174 of 1997 on the file of the I Additional Subordinate Judge, Erode dated 05.01.2001 confirming the judgment and decree passed in O.S.No.410 of 1995 dated 06.12.1996, on the file of the First Additional District Munsif, Erode, against the respondents 1 and 2 may kindly be set aside and the appeal be allowed with cost throughout.

3. For the sake of convenience, the parties are referred to as per their rankings in the trial Court.

4. The case of the plaintiffs in brief is as follows :-

4.1. The suit is filed for injunction and permanent injunction. The suit property was provided as per the partition deed dated 15.04.1937 entered between the Perumal Naicker and Annamar Naicker and his three sons. The northern side of the portion described in the B schedule of the partition deed was allotted to the Perumal Naicker. The Southern portion described in the A schedule in the partition deed was allotted to Annamar Naicker and his three sons. The said Perumal Naicker sold out his share namely A schedule property in the partition deed by the registered sale deed dated 09.03.1939 to one Ponnayee @ Ponnayammal, who is none other than the grandmother of the first plaintiff and the mother in law of the second plaintiff. She died on 05.12.1967 and her husband died on 26.04.1969. After their demise the plaintiffs are entitled to the property. In respect of the A schedule property, mentioned in the partition deed, there was oral partition between the legal heirs of the Annamar Naicker in which the southern portion was allotted to Peria Kolandan @ Ranga Naicker, middle portion was allotted to Kolandan @ Kuppa Naicker and northern portion was allotted to one Karuppa Naicker @ Samiappa Maistry and A schedule property of the partition deed dated 15.04.1937. After demise of the Peria Kolandan @ Ranga Naicker, the defendants 3 to 8 as his legal heirs became entitled to the share of Peria Kolandan @ Ranga Naicker. The first defendant is entitled to have the middle portion by virtue of purchase. Similarly, the second defendant entitled to the northern portion, who is none other than the son of the first defendant. The suit property was solely provided in the partition deed to reach the B schedule property in the original partition deed as the A schedule. Such portion was situated abutting the main Sathy Road. The owners of the A schedule property have been given only right to use the suit pathway to take water from the common well located in the northern extremity of the suit pathway. Except the said rights, the owners of the A schedule property have no other rights in the suit pathway. The properties belonged to defendants 1 & 2 are lying vacant and there is a pacca wall to the east of the