JUDGMENT

The suit for declaration, mandatory and prohibitory injunction was decreed concurrently by the courts below against which the defendant is in appeal.

2. The dispute is centered around the plaint 'B' schedule, which is an “Erachattam” (space beneath the portion of the eaves) forming part of a way over which the plaintiff claims right.

3. Ext.A1 is the Settlement Deed under which both the plaintiff and the defendant trace title to their respective properties. Under Ext.A1 the plaintiff got right over the 'B' Schedule therein. The said property is described as plaint 'A'

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schedule. Under Ext.A1 the defendant got right over schedule 'A' to Ext.A1.

4. It is beyond dispute that Ext.A1 provides for a right of way and a three links width “Erachattam” set apart to the allottees B, C and D schedules to Ext.A1. Therefore, the defendant who is a allottee of schedule 'A' under Ext.A1 does not have any right over the “Erachattam”, whereas the plaintiff who is the allottee of 'B' schedule to Ext.A1 has right over the same. The defendant has no right to obstruct the said portion (Earachattam)

which is described in 'B' schedule to the plaint.

5. The 'B' schedule has been identified as per E