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IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.GOVINDARAJAN THILAKAVADI, J
The Managing Trustee, Neycer Educational Trust, Neycer India Limited – Appellant
Versus
R.Vijaya Baskar – Respondent
| Table of Content |
|---|
| 1. ownership and history of property transactions (Para 2) |
| 2. defendants' denial of public road and claim contradictions (Para 3 , 6 , 7 , 8 , 9) |
| 3. court's findings on access rights and possessory claims (Para 4 , 5 , 10) |
| 4. evidence of pathway existence and easement rights (Para 11 , 12 , 13 , 14) |
| 5. court upholds the plaintiff's right of pathway (Para 15) |
| 6. final dismissal of the appeal (Para 16) |
JUDGMENT
This Second Appeal is directed against the judgment and decree dated12.07.2019 in A.S.No. 36 of 2016 on the file of the II Additional Sub ordinate Judge, Cuddalore, confirming the judgment and decree dated 09.02.2016 made in O.S.No.196 of 2010 on the file of the Principal District Munsif, Cuddalore.
2. The case of the plaintiff in brief is as follows:
The suit property originally belonged to one Chinnaraju. On15.02.1982 he purchased 8 cents out of 26 cents in the suit S.No.80/8A and thereafter he sold 9 cents in favour of one Balakrishnan under the sale deed dated 20.12.1982.
2.1.'A' schedule property was purchased by the plaintiff's father Rajalingam from the said Chinnaraju for valid consideration under a registered sale deed dated 11.03.1985. The property in the suit
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