JUDGMENT :

R.M.T. Teekaa Raman, J.

1. The defeated defendants are the appellant herein.

2. The respondents herein/plaintiffs have filed a suit in O.S. No. 1399 of 1992 before the District Munsif Court, Erode, to declare that they are the absolute owners of the suit property and the defendants have right to use the suit pathway only as a foot path and for permanent injunction against the defendants from driving carts etc., in the suit property and not to interfere with the suit property. The suit was decreed. Aggrieved against the same, the appellants herein have filed an appeal in A.S. No. 69 of 1996 before the First Additional District Court, Erode and the same was dismissed. Hence, the Second Appeal.

3. The above Second Appeal was admitted on the following substantial questions of law:

1. Whether the findings of the Courts below regarding patta granted in respect of R.S. No. 411/4 in old Survey No. 326 are correct?

2. Whether the Courts below are correct in accepting the case of the respondents/plaintiffs inspite of respondents/plaintiffs failure to prove their easementary right?

4. Heard Mr. R. Singaravelan, learned Senior Counsel for the appellants and Mr. A. Sundaravadhanan for the