No reference about suit cart track in sale deed - cloud over title of plaintiffs claim raised - plaintiffs' suit simpliciter for bare injunction not proper - plaintiffs should have sought for Declaration as regards alleged suit cart track - In the absence, suit only for relief of permanent injunction not maintainable - Easement by Grant and necessity - cause of action for both are different they do not go together.

Citation

2017-3-L.W. 232

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved on : 11.01.2017

Pronounced on : 27.01.2017

S. A.No.389 of 2011 & MP.No.1 of 2011 T.Ravindran, J.

Athappan (deceased) and others Vs. ... Appellants Sengoda Gounder & others Respondents

Injunction/cart track, existence, proof of,

Title, claiming of, need

Easement/cart track, Title, proof

Cart track Title - - claiming of

Injunction - scope

No reference about suit cart track in sale deed - Another title deed pertaining to suit survey numbers also do not depict the existence of suit cart track as described in the plaint - cloud over title of plaintiffs claim raised- plaintiffs' suit simpliciter for bare injunction not proper - plaintiffs should have sought for Declaration as regards alleged suit cart track - In the absence, suit only for relief of permanent injunction not maintainable Para 9

on date of filing of suit, cart track was not in existence

Right by way of Grant, Easementary right, what is - Cause of action for both