using the
cart track in common with the defendants for over 60 years; that there is no
other cart track, except the suit cart track ... plaintiffs and
defendants field, I have noted a cart track which is a common cart track .....
the Northern border of the defendants field is also
using the said cart
track and since then he is using the cart track. Plaintiff had no other
cart-track to approach his property ... consequently the right of
the plaintiff to claim the cart-track as common cart-track is unsustainable.
The learned counsel further submitted that the notification
would further submit that the cart track cannot be considered as an alternate cart track for the suit cart track to reach Alampalayam to Koothapalayam ... cart track for more than 44 years. This would go to show that the referred cart track was nothing but the cart track mentioned
suit?
3.The suit has been laid by the plaintiffs for permanent injunction.
4.The suit is in respect of the cart track alleged ... that even on the date of the filing of the suit, the suit cart track was not in existence. If really the suit cart track
Cart Track, there is no other Cart Track either for the plaintiff or for the defendants. The usage of the Cart Track by the plaintiff ... usage of the suit Cart Track, has created a new Cart Track, as if to show that other than the suit Cart Track, there
trees and repaired the cart track. However, the defendants did not allow to use the said cart track. Hence, the suit for declaration that ... evidence on record, the trial Court dismissed the suit holding that the suit cart track runs only in the lands belonging to the defendants
plaint schedule and the other cart track mentioned in Ex.A1 is only customary cart track i.e. already available. This is pointed ... date of the inspection of the suit property by the advocate commissioner, the suit cart track was found to be in existence. Accordingly, it could
cart track for common usage.
8. Now, the plaintiffs claim easementary right over the cart track. According to the defendants, the cart track in existence ... cart track, there is no other cart track for reaching their property.
10. Though the defendants have claimed that there is another cart track
right of cart-track'. The right to use of cart-track to
take cattle and also heavy vehicles through this cart-track was given ... that there was no cart-track and only a
gait path track is available on ground. There is a cart-track available. The
issue
question of law.
"a) Whether the suit for bare
injunction in respect of the suit cart
track is maintainable in the absence ... same. If according
to the plaintiffs, the suit cart track is their exclusive cart track
and it is only they who are exercising the independent
