AMITABHA DUTTA, J.

( 1 ) THESE two appeals by the defendants are from the appellate judgment and decree of the learned Additional District Judge, 2nd Court; Alipore (24 Parganas) who has allowed the appeal preferred by the plaintiffs and dismissed the appeal preferred by the defendants, after hearing them analogously and modified the decree passed by the learned Munsif, 4th Court, Alipore in Title Suit No. 217 of 1972 for declarations and permanent and mandatory injunctions.

( 2 ) THE subject matter of the dispute between the parties is a strip of land 59ft in length from east to west and 4ft in width from north to south appertaining to premises No. 35, Fakir Haldar lane, P. S. Bhawanipore in the district of 24 parganas. The said premises originally belonged to Haridas Chatterjee. To the adjacent north of the said premises lie premises No. 33, Fakir Haldar Lane of which Mrinalini Dassi was the original owner. By a registered sale deed dated 19-3-1915 Mrinalini Dassi purchased land measuring 59ft. Being the northern half of the suit land from Haridas Chatterjee who reserved certain rights over the land sold to her for the benefit of the remaining portion of premises No. 35, Fakir

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