( 1 ) THIS appeal arises out of the judgement and decree passed by the learned Additional District Judge 9th Court Alipore in Title Appeal No. 861 of 1974 affirming those passed by the learned Munsif, 3rd Court, Sealdah in Title Suit No. 345 of 1971.

( 2 ) THE defendants are appellants in the instant appeal.

( 3 ) THE aforesaid Title Suit No. 345 of 1971 was instituted by the plaintiffs respondents inter alia for declaration of the plaintiffs' right of way or passage-over the suit property and for permanent injunction restraining the defendants Nos. 1 and 2 from causing any obstruction by raising walls or constructions and also for mandatory injunction directing the said defendants Nos. 1 and 2 to demolish 2 1/2 ft. to 3 ft. high construction on the northern mouth of the disputed passage and to remove the rubbish, garbage and brickbats from the passage.

( 4 ) THE case of the plaintiffs respondents was inter alia that the premises Nos. 13,14 and 15 Girish Chandra Basu Road within Police Station Entally in Calcutta originally belonged to Kumar Pramatha Nath Roy and on 18th Jan. , 1956, a trust in respect of those properties was created under the name of Kumar Pramath