JUDGMENT:-This appeal is directed against the judgment and decree passed by the learned subordinate Judge, 6th, Court, Ali­pore in Title Appeal No. 241 of 1973 setting aside those of the learned Munsif, 1st Court, Sealdah passed in T. S. No. 475 of 1958.

2.The plaintiff-appellants filed the said suit for declaration of right of way over the disputed land and for injunction. The plain­tiffs case is that C. S. Plot No. 395 of Mouza Dum Dum originally belonged to one Biman Jyoti Majumder who sold 3 cottahs each to plaintiffs Nos. 1 and 2 and 4 cottahs and 4 chittaks to the defendant out of the said plot on the same day i.e. 16-6-51 after setting apart in the middle of the plot a common passage 8 feet in width and about 128 feet in length connecting Municipal Office Lane on the west and Narsingha Avenue in the east. The said common passage is the only way for obtaining access from the plaintiffs plot to Municipal Office Lane and Narsingha Avenue. The defendant later purchased from Dutta Majumdar 5 cottahs 6 chittaks of land com­prised in a pond and situate on the north of the said common passage. After such pur­chase the defendant blocked 45 feet stretch of the common passage t