LAL MOHAMMAD BISWAS Vs. EMAJUDDIN BISWAS

JUDGEMENT

(1.) This Second Appeal raises an interesting question of law on the point of nonjoinder of parties. Before discussing this question of law it will be appropriate to set out briefly the relevant facts.

(2.) The plaintiffs filed this suit for declaration of their right of easement, namely, a "right of passage of carts" over a strip of land described in the plaint and for an injunction for removal of certain obstructions placed by the defendants on that passage. The plaintiffs' case was that from time immemorial they used the path themselves and took their cattle and carts along this way without interruption and openly and as of right for over 20 years. They also claimed this passage as an easement of necessity. It was alleged in the plaint that the defendants illegally blocked the passage by placing an old hut at two portions one in the south-west of plot No. 882 and the other in the middle of the pathway on plot No. 884. The plaintiffs are the owners of plot Nos. 886 and 887.

(3.) The passage in dispute runs towards north from the Union Board road in the south and passes over plots Nos. 909 and 908 on the west and plots Nos, 910 and 882 in the east, taking a turn towards the wes between plot No. 908 in the south and plot No. 884 in the north and then again bends towards the north passing between -the homestead of the two plaintiffs.