RAM SATYA GOSWAMI Vs. SAMBHUNATH SARKAR

JUDGEMENT

(1.) This appeal is at the instance of the Plaintiffs and it arises out of a suit for a declaration that the disputed pathway is a private pathway of the Plaintiffs. The suit was instituted under the provisions of Order 1, Rule 8 of the Code of Civil Procedure. The Defendants in the suit are some of the villagers.

(2.) There is no dispute that the disputed pathway belonged to the Plaintiffs. The Defendants, who are some of the villagers, claimed that the villagers acquired easement right of way over the disputed pathway by prescription as also as easement of necessity. In support of their contention the villagers examined some witnesses to prove that the disputed pathway was being used by the villagers for a long time. Extract from the Union Board register of the village concerned was also produced to show that the disputed pathway was recorded by the Union Board as the village pathway in the year 1334 B.C.

(3.) The trial Court came to the finding that the villagers did not acquire any right by prescription over the disputed pathway and that the disputed pathway was the private pathway of the Plaintiffs. In that view of the matter the trial Court decreed the Plaintiffs' suit.