JUDGMENT

R.S.A No.996 of 2003 arises from O.S No.522 of 1992, and R.S.A No.998 of 2003 arises from O.S No.456 of 1992. O.S No.456 of 1992 is filed by one Prabhavathy and her husband as plaintiffs, against one Balakrishnan and others as defendants, for a prohibitory injunction against trespass into her property. O.S No.456 of 1992 is filed by Balakrishnan as plaintiff against Prabhavathy and her husband, claiming an easement right of way through the property of Prabhavathy. The trial court decreed O.S No.522 of 1992 declaring the easement right of way of Balakrishnan and dismissed O.S No.456 of 1992 filed by Prabhavathy. The decrees were reversed in appeal.

2. The property held by Balakrishnan has an extent of

10 cents. It was purchased by him from one Vasu under Ext B1 Sale Deed. Vasu had got the property as a 'kudikidappu' in the proceedings in O.A No.615 of 1970. Ext B3 is the Purchase Certificate in favour of Vasu. On its eastern side is the property held by Prabhavathy. A larger extent of property including the kudikidappu and the property held by Prabhavathy originally belonged to one Damodara Naikan. On the death of Damodara Naikan, his legal heirs executed Partition Deed No.333