IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 29.05.2025 CORAM:

THE HONOURABLE MRS.JUSTICE R.KALAIMATHI and M.P.No.1 of 2014

1.G.Mohanarangam

2.R.Maragadavel (2nd appellant (third party) was impleaded vide order of this Court dated 23.10.2019 made in C.M.P.No.22704/2019 in S.A.No.311 of 2014) …Appellants/Respondents/Defendants Versus G.R.Krishnaveni …Respondent/Appellant/Plaintiff PRAYER: This Second Appeal is filed under Section 100 of C.P.C., against the judgment and decree dated 20.11.2013 made in A.S.No.274 of 2012 on the file of the XV Additional City Civil Court, Chennai, reversing the Judgment and Decree dated 22.03.2012 made in O.S.No.861 of 2008 on the file of the V Assistant City Civil Court, Chennai.

For 1st Appellant : Mr.V.Subramani For 2nd Appellant : Mr.K.Shanmugakani For Respondent : Mr.S.S.Vijaya Kumar for M/s.B.Jai Sundar

JUDGMENT

Aggrieved by the judgment and decree dated 20.11.2013 passed in A.S.No.274 of 2012 by the XV Additional City Civil Court, Chennai, the defendant herein preferred this Appeal.

2.Parties are indicated herein as per their litigate status and ranking before the Trial Court.

3.According to the plaintiff herein her mother-in-law late Chandraammal was the absolute owner of the house, ground and premises comprised in T.S.No.41(part), block No.29, in Old S.No.34/10A part, at Peravallore Village, Perambur-Purasaiwalkam Taluk, with total extent of 2 grounds and 1149 sq.ft, which was purchased by her by a registered sale deeds dated 02.03.1934 in Doc.No.318/1934 and on 17.04.1935 in Doc.No.702/1935 dated 06.04.1945/Registration No.393/1945. A portion of the property with an extent of 1 ground and 215 sq.ft in the A Schedule, was purchased by the defendant from the original owner late Chandraammal, as per sale deed dated 23.11.1988 in Doc.No.4428/1988. The property sold to the defendant situate on the rear side. A common passage was provided to the defendant to have ingress and egress to Chinnasamy Raja Street and a mention is made in the sale deed that only permission to use the common passage was given. The late Chandraammal retained the remaining portion out of two grounds and 1149 sq.ft (sold out to the defendant one ground and 215 sq.ft) executed a registered Will dated 13.12.1985 in Registration No.68/1985 bequeathing 'B' Schedule property to her son V.Govidaram and grandsons G.Aravindkumar and G.K.Sathyanarayanan.

4.It is the further case of the plaintiff that after her demise, the Will was probated in O.P.No.642/2000. The plaintiff's husband and her two sons, who are the absolute owners of the house, ground and premises bearing Old Door No.11 at Chinnnasamy Raja Street with a total extent of 1919.52 sq.ft. Her husband and her two sons executed a settlement deed on 18.08.2003 in Doc.No.5806/2003 at the office of the Sub-Registrar, Sembium in favour of the plaintiff. The plaintiff became the absolute owner of the said property which is shown as B Schedule in the plaint. In the settlement deed itself, it has clearly been mentioned that the plaintiff has every right, title and interest towards the common passage, to have ingress and egress over the common passage and also to draw water from the well situated on the Eastern side end of the common passage. The common passage is described as 'C'

schedule property in the plaint.

5.The plaintiff has a house in 'B' Schedule property consisting of two portions and the same have been let out the drainage pipes have been laid under the earth in the 'C' Schedule property. The plaintiff has to carry out the white washing and repairs only through the common passage. Repairs to the drainage will be carried out only by entering into the common passage. It is the further case of the plaintiff that the defendant recently put up a gate at the entrance of the 'C' Schedule common passage and also another gate in the middle of 'C' Schedule passage. The defendant has locked both the gates and holding the keys with him. He refused permission to the plaintiff to enter