JUDGMENT

The unsuccessful plaintiff in a suit for prohibitory injunction against obstruction of plaint ‘C’

schedule way, is the appellant.

2. The plaint ‘A’ schedule property is in the possession of the plaintiff. On its northern side is the plaint ‘B’ schedule property. It is forest land. To the north of the plaint ‘B’ schedule is a public road. Plaint ‘C’ schedule is a way from the northern public road to the plaint ‘A’ schedule through the plaint ‘B’ schedule. The plaintiff claims prescriptive right over the ‘C’ schedule way.

3. The defendants denied the plaintiff's claim.

4. The trial court found that the plaintiff failed to prove the prescriptive right claimed over the plaint C schedule. Aggrieved, the plaintiff preferred appeal. The appellate court held that, without a prayer for declaration of easement right, a mere suit for injunction is not maintainable. Accordingly, the appeal was dismissed.

5. Heard the learned senior counsel Sri.P.Viswanathan on behalf of the appellant – plaintiff and the learned special Government Pleader Sri.T.P.Sajan on behalf of the respondents on the following Substantial Question of Law.

“Was the appellate court right in holding that the suit for injunct