JUDGMENT

(Prayer: Second Appeal is filed under Section 100 of C.P.C, to set aside the decree and judgment of the Principal District Court, Thanjavur passed in A.S.No. 142 of 2001 dated 25.02.2002 reversing the decree and judgment of the District Munsif Court, Thiruvaiyaru passed in O.S.No.3 of 2000 dated 12.04.2001.)

1. The plaintiffs in O.S.No.8 of 2000 have filed the present suit as against one Duraraj who was purchased around 90 sq.ft of property on the southern side of the suit lane. O.S.No.8 of 2000 was filed by the plaintiffs as against the owner of the northern side of the suit lane and O.S.No.3 of 2000 has been filed against the owner of the shop of the southern side of the suit lane.

2. The contention of the plaintiffs in both the suits are one and the same. To summarise, the plaintiffs have claimed that the suit schedule property is a private lane and the defendants shall not be entitled to use the suit pathway.

3. In the written statement, the defendant has taken a plea that the town Panchayat is a necessary party. However, the trial Court has proceeded to grant a decree in favour of the plaintiffs on the ground that they have established that the suit schedule property is a