KANTAMANI BALABAMAYYA Vs. YELAMANCHILI GOPAL RAO

JUDGEMENT

(1.) THE appellant-plaintiff (since deceased by his l. r.) has filed the present second appeal under Section 100 of the CPC.

(2.) THE appellant-plaintiff filed o. s. No. 204 of 1974 on the file of the principal munsiff, bellary, against the three defendants for declaration of his right of way (cart track) to his land bearing s. No. 59-a from the village along the boundary between s. Nos. 62, 60 and 165 (as shown in the plaint sketch ). He also prayed for permanent injunction to restrain the defendants from interfering with his right of way (cart track ).

(3.) THE plaintiff pleaded that he had customary right,easementary right and easement of necessity to use the cart track on the boundaries between s. Nos. 62, 60 and 165. The third defendant filed the written statement and this was adopted by the second defendant.