BALAI CHAND PAL Vs. PANCHU GOPAL SEAL

JUDGEMENT

(1.) This appeal is- against a decree declaring the plaintiff s right of way over certain land and also granting him a mandatory injunction against defendant No. 1 for the demolition of a wall. Defendant No. 1 is the appellant.

(2.) The facts which are now undisputed are as follows: There was formerly a bari belonging to one Shyam Chand Mullick, the predecessor-in-interest of defendants Nos. 2 to 8. The west portion of this bari was sold to the predecessor of the plaintiff. At that time, a passage for mehters was reserved between the land sold to the plaintiff s predecessor and the land reserved by Shyam Chand Mullick. Subsequently, the land to the east of the passage was sold to the defendant No. 1. The question in dispute is the width of the northern portion of this admitted passage.

(3.) The finding of the lower Appellate Court is that at the time of the sale to the plaintiff s predecessor, Shyam Chand accommodated him by allowing him the use of the entire land including plots A, B, C, D. The plots A, B, C, D is the plot in dispute. It is also found that the plaintiff has succeeded in proving that he used the entire pathway for a long time and certainly for more than twenty years openly, peaceably, as of right and without interruption. Those findings are conclusive in second appeal.