JUDGEMENT
T Ravindran, J. -
(1.)In this second appeal, challenge is made to the Judgement and Decree dated 27.02.2004 passed in A.S.No.48 of 2003 on the file of the Subordinate Court, Tiruppur, confirming the Judgment and Decree dated 17.07.2003 passed in O.S.No.102 of 1995 on the file of the District Munsif Court, Avinashi.
(2.)The second appeal has been admitted on the following substantial questions of law:
"(1). Whether the Courts below have committed an error of law in over looking the well settled principle of law that the enjoyment of the right of easement by prescription within two years does not mean actual user of the right claimed but only such constructive user is consistent with the continuance of enjoyment and prevents the inferrence of its discontinuance especially when the right claimed by the plaintff is only to carry out white washing and repairs of the walls and when the existence of the drainage in the suit pathway is not denied by the defendant?
(2). Whether the lower appellate court has committed an error of law in not considering the oral evidence on record for recording a finding as to whether the plaintiff was using the suit pathway within two years next to the filing of the suit?"
(3.)Considering the scope of the issues involved between the parties as regards the subject matter lying in a narrow compass, it is unnecessary to dwell into the facts of the case in detail.
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