SANTOSH KUMAR DEY Vs. JAYANYI SANYAL

JUDGEMENT

(1.) This second appeal is directed against the judgment and decree dated 9th June, 1992 passed by the learned Assistant District Judge 1st Court at Howrah in Title Appeal No.41 of 1991 affirming the judgment and decree dated 21st December, 1990 passed by the learned Munsif, 2nd Court at Howrah in Title Suit No.220 of 1986.

(2.) The defendants in a suit for declaration and injunction are the appellants before this Court.

(3.) The plaintiff/respondet filed a suit for declaration of her absolute right of easement by way of grant over the 'B' Schedule passage and for permanent injunction for restraining the defendants, their men and agents from invading upon and/or interfering with the smooth user and enjoyment of the 'B' Schedule property. Thus, the subject-matter of the suit is the passage measuring about 41'6" X 6' over which the plaintiff is claiming her right of easement by way of grant.