JUDGMENT

Jack, J. - This appeal has arisen out of a suit for the removal of an alleged encroachment made by defendant 1 and defendant 2 on a passage leading_to the plaintiff's_house. The suit was decreed by the Munsif against defendant 1 and dismissed against defendant 2. The Court of appeal below dismissed the suit. The learned District Judge found, first, that defendant 1 had reduced the passage in question by encroachment from 3 feet 6 inches to 2 feet 8 inches in width by the erection of a wall and privy; second, that the passage is a public way which had vested in the Howrah Municipality; third, that the encroachment of 10 inches does not interfere with the plaintiff's right of way.

2. On the facts, as he has found them, the learned Judge states that the suit must fail as the Municipality has not complained and no right of the plaintiff has been violated, inasmuch as sufficient roadway, i.e., 2 feet 8 inches has been left to pass to and from her house, and this is the only right she had over the road. That this is the only right she had over the road is not however correct. The plaintiff complains that she has actually been put to much inconvenience, as no large article can be b