JUDGMENT

The defendants are the appellants before this Court challenging the Judgement and Decree passed by the Principal Sub Court, Virudhachalam in A.S.No.47 of 2005, in and by which the learned Principal Sub Judge has confirmed the Judgement and Decree passed by the learned District Munsif cum Judicial Magistrate, Thittakudi in O.S.No.83 of 2002. The brief facts are as follows and the parties are referred to in the same rank as before the Trial Court.

2. The suit in question is filed to declare the suit property (pathway) as common to both the plaintiff and the 1st defendant and for a consequential injunction restraining the defendants from interfering with the plaintiff's usage of the said pathway.

3. The said pathway is a grama natham formed by the plaintiff contributing 1 1/8 feet on his side and the 1st defendant contributing 1 - 1/8 feet on his side. The length of the pathway is 57 feet and the breadth is 2 ¼ feet.

4. The case of the plaintiff is that the right to enjoy the said pathway has been reduced into writing on 31.01.1989 in an unregistered agreement and they have been in enjoyment of the said pathway for over decades. However, on account of recent difference of opinion