JUDGMENT

B.K. Mukherjea, J. - This is an appeal on behalf of the defendant and it arises out of a suit commenced by the plaintiffs for a declaration that the Record of Rights describing C.S. Dag No. 5795 of Khatian No. 811 in Mouza Baranagore District 24 Parganas, as a pathway is incorrect, that the western portion of the said Dag belongs to the plaintiff as appurtenant to Dag No. 5793 and the eastern portion is a private pathway belonging to the plaintiff and their co-sharers, and that the defendant has no right of way over any portion of the said Dag and cannot use it either as a mehtor passage or for discharge of water. There was also a prayer for a permanent injunction restraining the defendant from using the said strip of land for any purpose whatsoever. The defendant in her written statement claimed a right of way over the land in suit. Her case was that the lands on both sides of the disputed strip belonged to the plaintiff's predecessors, that by partition the land to the south fell to the share of one branch who had a right of way over the disputed land, The defendant claimed to have acquired an easement right as transferee of the interest of the said branch.

2. The trial Co