B.N.BANERJEE
Hari Lal Bandopadhyya – Appellant
Versus
Gora Chand Mallick – Respondent
2. The suit, out of which this appeal arises, was for declaration of the plaintiffs right of passage over the land described in schedule kha to the plaint, acquired as an easement and for permanent injunction restraining the defendants from interfering with that right of passage. The prayers as originally made in the plaint were subsequently amended and over and above the reliefs claimed, the plaintiff further claimed declaration of the plaintiffs right of passage over the disputed land as easement of necessity.
3. According to the plaintiff, one Gourhari Das Naskar and certain other persons were owners of three plots of land, namely, c. s. plots Nos. 1518, 1519 and 1522 at Mouza Purba Barisa, within the jurisdiction of Behala P.S., District 24-Parganas. To the West of c. s. plots Nos. 1519 and 1522, according to the plaintiff, there is a passage, described in schedule kha to the plaint, which is about 75 feet long from north to south and about 6 feet wide east to west. At a distant past (when I shall hereinafter try to determine), the Na
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