JUDGMENT :

Ajoy Kumar Mukherjee, J.

1. This second appeal has been preferred against judgment and decree passed by learned Additional District Judge 3rd Court Barasat in Title Appeal. No. 88 of 1994 dated 11th June, 1997, arising out of judgment and decree passed by Additional Munsif at Sealdah in Title Suit. No. 210 of 1982 on 26th May, 1994. By the impugned judgment the court below has set aside the order of dismissal passed by the Trial Court and granted relief in favour of the plaintiff/respondents herein.

2. The subject matter of the plaint case is a strip of land wherein defendant/appellants herein claimed ownership being a part and portion of 28 & 29 Ramchandra Bagchi Lane, Kolkata. The plaintiff filed the suit for declaration that the said strip of land is their only common passage for ingress and egress from their respective houses and the defendants have no right to obstruct or construct on the said passage and as such plaintiffs also prayed for permanent injunction along with declaration of their right to user of the said passage. Plaintiffs further case is that they are using the said passage for about 100 years and if the same is blocked they will be landlocked.

3. Appella