JUDGMENT

1. This appeal arises out of a suit brought by the plaintiff-respondent against the appellant company and the Naihati Municipality for a declaration of the plaintiff's right of way over a certain public road called Radhaballav Road and for other consequential reliefs. The plaintiff's case is that long ago a temple was built and dedicated by one of his ancestors on Radhaballav Road, a little away from another public road called Ferry Fund Road connected by Radhaballav Road. The plaintiff further claimed easement of necessity over the road. He sought for a further declaration that the act of the Municipality in closing up the road was ultra vires and also for a permanent injunction restraining the defendants from interfering with his right of way over the road to reach the temple and for a direction on the appellants to remove obstructions put by them across the road. The facts are that there was a road called Radhaballav Road leading from Perry Fund Road westward to the Hooghly; there were houses on both sides of the road all of which except the temple were acquired by the appellant company and they have erected at great cost a jute mill which they are working. The defendant