JUDGMENT

Chakravartti, J. - This appeal is on behalf of the Defendant and arises out of a suit brought by the Plaintiff for a declaration of title to the western half of a narrow lane between his house and the Defendant's and certain other incidental reliefs. The trial Court decreed the suit, but on appeal the lower Appellate Court modified the decree in certain respects. The Defendant has appealed and the Plaintiff has filed a cross-objection. The history of the matter is the following: A lady, named Swarnamoyee Devi, was the owner of several premises standing on Ananda Chandra Roy Street in the town of Dacca. By a Will, executed on the 29th January, 1913, she bequeathed a house, described as holding No. 2, to a daughter's son who is the Defendant in this case and the Appellant before me. By the same document she bequeathed another house, described as holding No. 3, to a daughter's daughter, who was the mother of the Plaintiff. A third house, described as holding No. 4, was bequeathed to another daughter's daughter, but no question arises with regard to that property.

2. The subject-matter of the dispute between the parties is a narrow strip of land lying between the two houses, nam