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IN THE HIGH COURT OF JUDICATURE AT MADRAS
K. Rajasekar, J
K. Ramasamy – Appellant
Versus
K. Ramasamy, [Died] – Respondent
| Table of Content |
|---|
| 1. the appellant contested the plaintiff's claim of no right of way over a cart track. (Para 1 , 3 , 5) |
| 2. the court examined the evidence regarding the right to use the cart track. (Para 6 , 9) |
| 3. the court found misinterpretation in the lower appellate court's decision. (Para 7 , 8 , 16) |
| 4. easement rights can be transferred and established through prescription. (Para 19 , 20 , 21 , 22 , 23) |
| 5. the court ruled in favor of the appellant, affirming the right to use the cart track. (Para 29 , 30) |
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 gr
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