JUDGMENT

The appellant herein is the defendant in the suit filed by the plaintiff in O.S.No.128 of 2002 on the file of the District Munsif-cum-Judicial Magistrate, Paramathi, for the relief of declaration, to declare that the defendant has no right of way through the land attached with the plaint and consequential permanent injunction. The trial Court rejected the claim of plaintiff and dismissed the suit and the Appellate Court reversed the finding and decreed the suit. Agreed over the Judgment of the Lower Appellate Court, this Second Appeal is filed.

2. For the sake of convenience, the parties are referred as per their ranking in the Trial Court.

3. The plaintiff's father, his grand father and another have entered into a Partition deed, dated 30.07.1965 whereby, the suit property and other properties situated in Sungakaram Patti Village, Paramathi Taluk, Namakkal District were allotted in favour of the plaintiff’s father Karuppa Gounder. After his death, the first plaintiff has inherited the property and was in peaceful possession and enjoyment of the same. The Revenue Records were also mutated in favour of the plaintiff. On the North and East of the suit property, the lands in Sur