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26. It is further argued on behalf of the defendant that the easement and ownership right are mutually exclusive concepts and, therefore, are inconsistent with one another and such inconsistent right cannot be allowed by way of amendment. Ms. Parmar on behalf of the defendant has relied upon the case of E Elumalai Chetty Vs. Naina Mudali & Ors., Part 3 L W 703 (Madras) and Arunachalam Pillai & Anr. Vs. Sorimuthu Pillai, 2004(4) CTC 414 in which the Madras High Court has indeed decided that easementary and ownership rights are mutually exclusive concepts and are contradictory and inconsistent with one another. The easementary right over a property can be claimed only if the person claiming it accepted the title of the person to such property against whom it is claimed and the plaintiff filing a suit for declaration regarding a common pathway over which he would claim an easement cannot plead title to such property and also claim easementary right. Indeed that stands to reason. It would, therefore, have to be seen what the jsn 14 CHS(L.) No.241_2015 plaintiff's suit is for.