JUDGMENT :

The defendants are the appellants.

2. The plaintiff filed O.S.11 of 1992 before the Additional District Munsif Court, Ambasamudram for declaration that the 4th and 5th schedule properties are the common properties of the plaintiff and the defendants and consequential injunction restraining the defendants from disturbing the plaintiff's from entering into the 4th and 5th schedule properties through 'H' door in order to white-wash and maintaining the eastern wall. The plaintiff further prayed for an injunction that the defendants should not disturb the plaintiff's from using the 4th item as a common pathway by opening a door way in the eastern wall. The suit was decreed by the trial Court with regard to injunction prayer, but the same was dismissed with regard to the prayer for declaration. The defendants filed A.S.No.28 of 1999 before the Sub Court, Ambasamudram. The appeal was also dismissed. As against the same, the present second appeal has been filed by the defendants.

3. The plaintiff had contended that the suit items 1 and 2 are originally belonged to one Ramachandran Pillai and he had executed Exhibit A1 in favour of the plaintiff on 30.07.1975. The plaintiff further