JUDGMENT :

1. The defendant in O.S.No.242 of 2004 on the file of the District Munsif, Usilampatti, is on appeal, challenging the Judgment and Decree made in A.S.No.117 of 2011 on the file of the Sub Court, Usilampatti, in and by which, the learned Subordinate Judge chose to confirm the Judgment and Decree made in O.S.No.242 of 2004.

2. The suit was filed by the respondents herein seeking a declaration that the suit property is a common pathway and for permanent injunction restraining the defendant from interfering with the plaintiffs' possession as user of the pathway by putting up a stair case. The suit property is described as a six feet width of common pathway running South-North comprised in R.S.Nos.81/12G, 81/11/C and 10D.

3. The defendant resisted the claim of the plaintiffs contending that the suit property belongs to him and others, in whose favour, a joint patta has been issued and there has been no such pathway as claimed by the plaintiffs. It is also further contended that the defendant had already filed a suit in O.S.No. 228 of 2004 as against one Jeevanantham and Jeyaraj and also sought for injunction restraining them from interfering with his possession. The said suit is