S.A. No. 204 of 2017. Case: Palaniammal and Ors. Vs Sakthi Sugar Ltd. and Ors.. High Court of Madras (India)

Case NumberS.A. No. 204 of 2017
CounselFor Appellant: K. Kumar for Sree and Associates
JudgesM. Sathyanarayanan, J.
IssueCivil Procedure Code
Judgement DateApril 03, 2017
CourtHigh Court of Madras (India)


M. Sathyanarayanan, J.

  1. The plaintiffs who lost before the Courts below are the appellants. The appellants/plaintiffs filed the Suit in O.S. No. 788 of 2006 on the file of the II Additional District Court, Erode against the defendants 1 to 4, praying for a judgment and decree declaring that the plaintiffs and the defendants 2 to 4 are entitled to "B" Schedule property (Cart Track) and also for a permanent injunction restraining the first defendant, its men, officials etc., from any manner obliterating the Suit "B" Schedule Property or interfering with plaintiffs user and enjoyment of the same and for a mandatory injunction directing the first defendant to restore the B C D E portion of the Suit Cart Track to its original possession within the time specified by his Court and on its failure to do so, execute the same through an Officer of the Court at the cost of the first defendant and also for costs.

  2. The plaintiffs would aver among other things that the suit properties are situated at Thuyampoondurai Village, Erode Taluk and District and through registered sale deed dated 17.06.1954- Ex. A1, Nachimuthu Gounder had purchased 3.32 acres in Old S.F. No. 199-B, corresponding to R.S. No. 84/2 from one Kuppanna Gounder and it is shown as Item No. 1 to A Schedule Property and under the above said sale deed, the predecessors in title to the plaintiffs and the defendants 2 to 4 have been given right of access through a north south cart track described in "B" Schedule property. Nachimuthu Gounder had purchased an extent of 4.25 acres in Old S.F. No. 203-A, Resurvey No. 93/1, from the very same Kuppanna Gounder under registered sale deed dated 21.04.1955-Ex. A4 and it is described as Item No. 2/3 of "A" Schedule property and the said lands are also having access through "B" Schedule Property. The plaintiffs would further aver that North South "B" Schedule Cart Track runs in the eastern end of R.S. No. 92 and it originally belong to the predecessors in title, namely Kuppanna Gounder and the cart track measures about 12 feet in width and it starts from east west road on north and the said width of 12 feet is in existence upto resurvey No. 93 and on reaching the R.S. No. 93, the width of the cart tract varies from 6 feet to 8 feet runs towards south upto R.S. No. 84, then runs towards west and runs to each other fields.

  3. It is the case of the plaintiffs that the said cart track is in existence for several decades and it is the only access to the lands described in "A" Schedule Property and as such, they prescribe their right only through claiming easement of necessity and also grant. It is further averred by the plaintiffs that the first defendant purchased several acres of land in the nearby locality including R.S. No. 92 and with oblique and malafide reasons, they cut down the existed western side live fence of "B" Schedule cart track in the 2nd week...

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