V. BHASKARA RAO, J.

( 1 ) THE 1st defendant is the appellant. The respondent filed the suit for a declaration that the ABCD lane is carved out for the use of the owners of the plots EFGHIJKL to reach the street on the northern side of the plots and for use of their men, cattle, carts and other allied purposes. In the sale-deed of D-l for the plots G and K it was left out by the plaintiff s father for his use. Therefore D-1 is bound by the said "recitals. As a matter of fact, even prior to 1913 and subsequently also the plaintiff was taking his carts and was using it for his men and cattle from his plots, E. F. L. , through the galli ABCD. In June, 73 the 1st defendant carted earth in a portion of the galli east of plot G causing obstruction to the plaintiff to use the said galli and in spite of protests the obstruction was not removed. The plaintiff sent a notice to the 1st defendant, to which a false reply dt. 6-7-73 was given. Hence the suit.

( 2 ) THE 1 st defendant-appellant filed a written statement contending that it is not true that the father of the 1st defendant purchased J plot. It is also denied that ABCD is a galli and carved out for use of the owners of plots EFGHIJKL

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