JUDGMENT

1. This is an appeal under Clause 15 of the Letters Patent from the judgment of Mr. Justice Huda in a suit instituted by the plaintiff-respondent for recovery of certain plots of land from which, he alleges, he has been disposes by the defendants and also for a declaration that the defendants have no right of way over certain other plots of land. The Court of first instance dismissed the suit. Upon appeal the Subordinate Judge decreed the suit. On appeal to this Court the decree of the Subordinate Judge, in so far as it establishes the title of the plaintiff to the plots claimed by him, was not controverted. But it was argued that the Subordinate Judge had erroneously negatived the right of way claimed by the defendants. Mr. Justice Huda held that the contention of the defendants in respect of the alleged right of way was not tenable and confirmed the decree of the Subordinate Judge. On the present appeal the judgment of Mr. Justice Huda has been assailed on the ground that the principle applicable to cases of reservation of casements has not been correctly applied to the facts of this litigation.

2. It appears that there was a plot of land which was originally held by the d