JUDGMENT :

The 1st defendant is the appellant before this Court challenging the Judgment and Decree in A.S.No.10 of 2008 on the file of the learned Subordinate Judge, Perambalur in and by which the learned Judge has reversed the Judgment and Decree of the learned District Munsif, Perambalur in O.S.No.840 of 1995. The parties for the ease of understanding are referred to in the same array as in the suit.

2. The plaintiff herein had filed a suit O.S.No.840 of 1995 for a declaration of his easementary right to take cattle through the suit property and for a consequential relief of permanent injunction from restraining the user of the suit property.

3. It is the case of the plaintiff that he, his elder brother Shanmugham and their father Panchanathi Asari owned property in S.No.171/2. The elder brother of the plaintiff was allotted his house in the North and the plaintiff was allotted the middle portion and the father was allotted the land in the South. The property was West of the North South lane and South of East West Street. West of the plaintiff's and Panchanathi Asari's houses are vacant sites belonging to them. This site was used by them for tethering cattles. Between the houses of