R4 to R7 – served. J U D G M E N T Heard.

2.The plaintiff in O.S. No. 463 of 1999, on the file of the I Additional District Munsif-cum-Judicial Magistrate, Bhavani, has filed this Second Appeal, aggrieved by the concurrent dismissal of his suit by the Trial Court and the First Appellate Court in A.S. No. 51 of 2010 on the file of the Sub Court, Bhavani.

3.In this appeal, the plaintiff before the Trial Court is the appellant, and the defendants are the respondents. For the sake of convenience, the parties will be referred to in the same rank as they stood in the Trial Court.

4.The brief facts necessary for the disposal of this Second Appeal are as follows:— The plaintiff instituted the suit seeking (i) a declaration of his easementary right over the suit cart track, and (ii) a decree of permanent injunction restraining the defendants from interfering with his right of user. The plaintiff, along with his brother, had purchased the property comprised in R.S. Nos. 419/1 and 419/2 under Ex.A1 — sale deed dated 30.10.1986 — which conferred a right to use the mamool cart track running from R.S. No. 414 through R.S. No. 417. Subsequently, the plaintiff’s brother executed a release deed, Ex.A4