DIBAKAR DAS Vs. SRIRAM DAS

JUDGEMENT

(1.) This 2nd Appeal has been preferred against the confirming Judgment.

(2.) The appellants of this 2nd Appeal were the defendant Nos.1 and 2 before the Trial Court in the suit vide T.S. No.308 of 1984.

(3.) The case of the plaintiff before the Trial Court in the suit vide T.S. No.308 of 1984 was that, Plot Nos.321 and 326 are his house and homestead properties. Suit Hal Plot No.324 is a Kaccha Road, which joins his above homestead plot Nos.321 and 326 and the village road. He (plaintiff) and his family members are using the said suit Plot No.324 as a road in order to reach in their village main road from the time of their ancestors i.e. since time immemorial. Their cattle, bullock-carts are passing through suit plot No.324. At times cars and trucks etc. comes through that suit plot No.324 to his house. There is no other outlet from his residential house situated over Plot Nos.321 and 326 to the village main road except the suit Plot No.324. By the continuous, uninterrupted and peaceful using to the suit plot No.324 as road, his easementary right of way on the suit plot No.324 has already been created/acquired.