1. The defendant in O.S.No.44 of 2006 on the file of the District Munsif Court, Alandur, is the appellant.

2. The respondent/ plaintiff filed the suit for permanent injunction stating that the suit property and adjoining pathway on the east and property on the north and south originally belonged to Jesubatham and the total extent of property was admeasuring 60 feet and 90 feet. The said Jesubatham sold the northern portion measuring 5400 square feet to D.S. Mathias and naming the Plot as Plot No.27-A and while selling the said extent he left the pathway on the eastern side measuring 90 feet in length north-south and 6 feet in breadth east-west, for having ingress and egress to the property in Plot No.27-B which is situate on the southern side of Plot No.27-A. Plot No.27-B was also sold by Jesupatham on the same day and in that sale deed also the pathway on the eastern side of the property in Plot No.27-A was mentioned for having ingress and egress to the Plot No.27-B. Later, D.S. Mathias divided the property, he purchased under the sale deed dated 19.12.1947 into two plots and sold one plot to one Krishnan Kutty and another plot to Thomas P.Ryan under two sale deeds date