JUDGMENT

The defendant, who had failed in both the Courts below, has preferred the above appeal. The suit is one for permanent injunction restraining the defendant from disturbing the possession of the suit common pathway and for a mandatory injunction to remove the construction put up by the defendant and also the septic tank constructed by the defendant in the suit pathway.

2.The case of the plaintiff is that there was a partition in the year 1942 as per Ex.A1 – Partition Deed, in which B, C, D & E schedule owners were given the right of pathway on the western side in Survey No.230/1 in common. The defendant herein was also a party to the said Partition Deed and his mother had represented him as he was a minor. The plaintiff is a descendent of one Rathinasamy Udayar. The plaintiff as well as the defendant are entitled to use the said pathway mentioned in the partition deed in common. While so, the defendant had constructed septic tank and laid pipelines to drain the waste water from his house. The plaintiff was not aware of the same as pipelines were concealed under the ground. Besides, the defendant also has put up a small shed measuring 8-1/2 feet width and 22 feet length. Only w