JUDGMENT :

(Prayer: Second Appeal is filed under Section 100 of the Civil Procedure Code, against the judgment and decree dated 14.09.2009 made in A.S.No.48 of 2009 on the file of the learned I Additional Subordinate Judge, Erode, confirming the judgment and decree dated 30.06.2009 made in O.S.No.353 of 2007 on the file of the learned Principal District Munsif, Erode.)

1. Aggrieved over the concurrent findings made in A.S.No.48 of 2009 dated 14.09.2009 on the file of the learned I Additional Subordinate Judge, Erode and in O.S.No.353 of 2007 dated 30.06.2009 on the file of the learned Principal District Munsif, Erode, the appellants, who are the plaintiffs in the above referred suit, have preferred this Second Appeal, praying to set aside the findings rendered by the Court below.

2. For the sake of convenience, hereinafter, the parties, are referred to, as per their litigative status before the trial Court.

3. The case of the plaintiffs, is as follows:

(i) The suit cart track is a common cart track belongs to both plaintiffs and defendants and the same was running in Survey Field i.e. R.S.Nos.384 and 385 in Thuyampoondurai Village, Erode Taluk. Vide Sale Deeds dated 27.10.1926 and 15.05