(1) THE appellant herein had filed a suit for injunction against the respondent for restraining the respondent from using a pathway over the appellants land. The respondent, in turn, had filed a suit for declaration and injunction against the appellant claiming the easement right to use the said pathway.

(2) THE trial court on the basis of the evidence before it came to the conclusion that the easement of necessity which had been pleaded by the respondent herein had come to an end prior to the filing of the suits inasmuch as the pathway had been constructed which abutted on the respondents land. The trial court also found that the respondent was using the pathway over the appellants land only since 1963 and the 20 years period had not yet expired. This suit of the appellant was decreed and that of the respondent was dismissed.

(3) IN appeal, the lower appellate court affirmed the decision of the trial court. It held that easement of necessity had come to an end and the respondent herein had "failed to prove the case of the user of the way for the statutory period of 20 years so as to enable him to claim the easementary right". In second appeal, the High Cour