JUDGMENT

The plaintiff is the appellant.

2. The plaintiff filed a suit for declaration of title, recovery of possession and mandatory injunction. The suit was dismissed by the trial Court. The plaintiff filed A.S.No.94 of 2019 before the Sub-Court, Manamadurai. The learned Subordinate Judge was pleased to dismiss the appeal. As against the same, the present second appeal has been filed by the plaintiff.

3. The plaintiff has contended that he has purchased the suit schedule properties under Exhibit A.1 on 04.06.2004 from one Easwari. According to the plaintiff, the east-west measurement of the said property is 24 carpenter cubic feet and north-south measurement of the said property is 32 carpenter cubic feet having a total extent of 768 square feet.

4. The plaintiff has contended that immediately to the east of the property purchased under Exhibit A.1, there is a 3 feet common pathway, running in the north-south direction. According to the plaintiff, the defendant's house is located to the east of the said pathway. The plaintiff has contended that the defendant has not only encroached upon the pathway, but also in the suit schedule property, which forms part of the property purchased b