JUDGMENT

The Second Appeal has been filed as against the decree and judgment passed by the I Appellate Court in A.S. No.411/2011 on the file of the I Additional Judge, City Civil Court, Chennai dated 22.01.2014, wherein the respondent herein, has filed an appeal as against the decree and judgment passed by the Trial Court in O.S. No.6248 of 2005 dated 10.08.2011. The I Appellate Court partly allowed the appeal and dismissed the Suit in respect of declaration and declared the right of entitlement to the easementary and directed to remove the five sunshades in the Suit lane within 2 months from the date of the judgment. Aggrieved by the same, the second appeal has been preferred.

2. The brief averments of the Plaint are as follows:-

The Plaintiff purchased a property from one Najeema Beevi through her Power of Attorney agent K.S. Sheik Abdul Cader to an extent of 945 sq. ft. The property measuring about 45' x 4' i.e., 180 sq. ft. was used as a common passage left for reaching the backside portion. The Plaintiff purchased the Northern side passage marked as DEFA in the sketch filed along with the Plaint from the legal heirs of Mr. V. Ranagasamy through a Sale Deed dated 17.06.2005. There