The central legal point established in the judgment is the interpretation of documents and agreements, as well as the application of Section 13 of the Indian Easements Act to establish the right to use the existing roads in the estate and support the entitlement to easement rights for enjoying the property sold to the transferee.

JUDGMENT :

(Prayer: This Second Appeal is filed under Section 100 of the Civil Procedure Code, against the judgment and decree dated 29.08.1996 made in A.S.No.33 of 1990 on the file of the Sub Court, Nagercoil, confirming the judgment and decree dated 26.06.1982 made in O.S.No.754 of 1980 on the file of the Additional District Munsif, Nagercoil.)

1. Aggrieved over the order of the concurrent findings of the Courts below, the present second appeal is filed.

2. For the sake of convenience, the parties are referred to herein, as per their rank before the Trial Court.

3. The brief facts, leading to filing of this Appeal Suit, are as follows:-

The entire property comprised in Survey Nos.2682, 2903, 2905, 2906 and 2908 to 2911 and 2917/3 of Alagiyapandiyapuram, originally known as Oliver and Black Rock Estate belonged to one Simpson. The First Defendant Company has purchased a portion of the property from the said Simpson and the remaining areas were sold to various persons. The plaintiffs have also purchased an extent of 39 acres from Janaki Pushpam, who purchased the said land from the said Simpson. The plaintiffs have also put up a construction in the estate and raised cloves and other plantation in the entire estate. There is a road namely, Black Rock Road branching eastward from the thirteenth mile of the Blamore Road to the Black Rock Estate. That road runs through various Estates including Devagiri Plantations Limited and Carmalagiri Estate. The Public bridle paths, which were running through the estates were converted into Motorable Roads by the said Simpson for his use and for the use of his heirs and assignees. There was still a public right of way from Thadicarankonam running through Devagiri Estate upto S.Nos.2903, where it bifurcates one branch going south-east to Azhagiapandiyapuram and the other branch going northward to Devagiri Estate Bungalow, then eastwards to Lower Victoria Estate. The right of the way running north from S.No.2903, touches the land owned by the plaintiffs. It has been used by Janakipushpam ever since her purchase from 1967 and subsequently, the plaintiffs are using the road to reach the estates and they have no other alternative way to reach their estates. The defendants are taking hostile attitude and with malafides, the defendants are trying to harass the plaintiffs in using the plaint road and are trying to obstruct them. The plaintiffs are also paying maintenance charges for the road. However, on 30.09.1980, with an ulterior motive, the defendants' servants destroyed the road portion shown as 'A B C D' in the plaint plan and made attempts to prevent the plaintiffs from using the road. Hence, the suit has been filed for permanent injunction.

4. It is the contention of the defendants that originally, the land in Survey No.2917/3 was a Government Tharisu Land and Simpson has no possession of the land. He obtained a decree in O.S.No.88 of 1958, by which he obtained a title to the said property. Out of 650 acres except 95 acres, the said Simpson sold the entire property to the first defendant in the year 1952. Similarly, sold the other properties also to one K.C.Joseph excluding 10 cents, which contains the cemetery of his mother. Thereafter, the said Simpson has no title or possession over any part of Black Rock Estate except a small bid of land occupied by the cemetery. It is the specific contention that the land purchased by Janakipushpam was not the part of the Oliver Estate. The Black Rock Road ends in Tharuvaiyaru Crossing, form where, Devagiri estate commences and no part of the road within Devagiri Estate is called as Black Rock Road and no road runs through the Devagiri Plantation Limited. Hence, it is the contention that the question of conversion of any bridle path into a motorable road did not arise at all. It is true that Simpson has put up a road from Tharuvaiyaru Crossing to tiger cage in the year 1945. It is a fresh road and it is not the conversion of a public road. The roads run throug