JUDGMENT

The plaintiff is the appellant herein. The suit is filed for declaration and permanent injunction restraining the defendant from interfering in the peaceful possession of the plaintiff.

2. The plaintiff is claiming right over the suit property in Plot No.17 based on the sale deed marked as Ex.A8. However, there is a road opposite to the Plot No.17. Adjacent to the Plot No.17, the plaintiff is also having Plot Nos.15 and 16 and behind the said plots, the plaintiff is having other lands.

3. The contention of the defendant is that the Plot No.17 was used as pathway, when the predecessor-in-title was using the land as agriculture land and relied on the earlier litigation which arose between defendant and the predecessor-in-title in O.S.No.162 of 2011 wherein the easementry rights of the predecessor-in-title was confirmed and decreed in favour of the defendant. However, the contention of the plaintiff is that the easementry rights are not available to the defendant, since the nature of the land is changed to housing plots. The alleged easementary rights is available only when the land is used as agricultural lands and the said right is granted to bring the use the way to reach the