1. In the suit which is the subject matter of this appeal the plaintiffs claimed that there is a footpath used by the villagers of Jarudih over the area comprised of plots 192, 194, and 191 which had been purchased by the defendants from Subodh Kumar Mukherji and over which the defendant has been constructing a building. The case of the plaintiffs was that they were residents of village Jharudih and that they have a right of way over the path in question which connected the village road running through the bustee of Tharudih and connecting with a pucca District Board road known as Luby Circular Road. According to the plaintiffs the pathway was adjacent west to the north of plot No. 3222 and also adjacent south of plots 193, 195 and 200 of mauza Hirapur and that the path was 9 feet wide. The suit was contested by the defendant who alleged that the plaintiffs had no customary right of way and that she had purchased the land from Sri Mukherji for the purpose of constructing a girls school and that the building has already been partly erected. The trial court dismissed the suit on the ground that there was no proof of customary right established by the plaintiffs.

The trial cou