NARAYAN CHANDRA SARKAR Vs. AMRITA KUMAR SARKAR

JUDGEMENT

(1.) The defendants are the appellants in this case against a judgment of reversal.

(2.) The respondent being plaintiff filed a suit being Title Suit No.2 of 1979 in the Court of learned Munsif, First Court, Katwa with following averments:-

(3.) The plaintiff and his brother (proforma defendant No.12) purchased Kha schedule property standing on plot No.4807 from its earlier owner Kshitish Chandra Chattopadhayay by a kobala dated 15.02.1965. The Kha schedule property of the plaintiff is surrounded by brick built wall and there is a door on south east corner of said house through which plaintiff like his predecessor used to come to the southern side road through a pathway which passed through plot Nos. 4818, 4819, 4816 and 4817 and which was fully described in schedule ka of the plaint. The plaintiff has acquired an easementary right and ancient lost grant over that ka schedule pathway.