S.C.Prasad, J.

1. This is an appeal by defendants 1 to 4 against the Judgment of the Subordinate Judge of Dhanbad decreeing the suit filed by the plaintiff-respondent No. 1 for declaration or the right of way for vehicles, men and others in the shape of a road 1030 feet x 20 feet shown on the sketch map attached to the plaint between letters A and C and for a mandatory injunction compelling the defendants to provide a diversion indicated by letters B. C. D, from the road A to C, There was also an alternative relief for compensation estimated at Rs. 2000/-for the loss of the road A to C if the first relief was not available to the plaintiff. He also claimed Rs. 2000/- as damages for the loss already suffered by him by having been deprived of the use of the road A to C.

2. The facts for the purpose of this appeal briefly stated are as follows. Raja Durga Prasad Singh, herein-after referred to as the lessor, was the owner of a large area of coal bearing land. On 14-7-1908 the lessor granted a coal mining lease of 95 bignas of land to Hardayal Singh and other in village Bherakatta for 999 years. On 13-11-1912 these lessees granted a sub-lease to Sheikh Imam Ali and Ramnath Bane