HARI LAL BANDOPADHYYA Vs. GORA CHAND MALLICK

JUDGEMENT

(1.) THIS appeal, at the instance orthe defendants, is directed against an appellate decree affirming the decree passed by a learned Munsir.

(2.) THE suit, out of which this appeal arises, was for declaration of the plaintiff's right of passage over the land described in schedule 'Kha' to the plaint, acquired as an easement and for permanent Injunction restraining the defendants from interfering with that right of passage. The prayers as originally made in the plaint were subsequently amended and over and above the reliefs claimed, the plaintiff further claimed declaration of the plaintiff's right of passage over the disputed land as easement of necessity.

(3.) ALTHOUGH the passage was not, according to the plaintiff, included in the conveyance in favour of the predecessor in interest of the defendants, the finally published record of rights did not record the existence of any passage on the western side of c. s. plots Nos. 1519 and 1522, commencing from the northeastern corner of c. s. plot 1518, and in, this respect the c. s. record was said to be incorrect.