JUDGMENT :- These two Second Appeals arise out of two suits instituted against the residents of Mallepalli and Madigapalli for restraining them from passing through the fields of the plaintiffs by means of a permanent injunction. The defendants pleaded that for over 100 years they were passing through the fields of the plaintiffs and through the fields of some other ryots for going to Mecherla. The District Munsif of Guserala held that the defendants had established a customary easement and dismissed the suits. On appeal, the Subordinate Judge of Narasaraopet allowed the appeals on two grounds, namely that the defendants did not plead customary right in their written statements, and that they did not make out the customary right. The Second Appeals are filed on behalf of the villagers of Malepalli and Madigapalli.

2. The main contentions urged by the learned advocate for the appellants are that though the expression "customary right" is not specially mentioned in the written statements, the facts set out therein are sufficient to establish a customary right in the villagers of Malepalli and Madagapalli. It was also contended that the custom was not unreasonable as found by the low

Click Here to Read the rest of this document