20.It is needless to point out that Malaiyammal is the mother of three brothers namely Harichandra Nadar, Deivasigamani Nadar and Arumugam Nadar and Ayothi Ramasamy Nadar is their father. According to the appellant, since Exhibit B3 Will refers to a road on the northern side, the 3rd schedule property was not left out as a pathway for the Deivasigamani and Arumugam. During the cross examination, the appellant has admitted that except in Exhibit B3 Will, there is no reference about the road on the northern side in any one of the documents. The appellant is also not able to produce any revenue records to the effect that there was a road on the northern side of the joint family property. On the other hand, the appellant admits in his deposition that the northern side of the property is in occupation of some private parties and they have put up some construction. The Commissioner's report and plan also indicate that the northern side of the joint family property is in occupation of the private parties and there is no road as contended by the appellant. Hence, it is clear that, by some mistake, under Exhibit B3, a reference of a road on the northern side of the joint family property has been made.
