This is an appeal filed by the plaintiff against the decree of the appellate Judge dismissing their suit for declaration of their easement right and for perpetual injunction restraining defendants from obstructing them in passing over a path way situate to the adjacent East of their home-stead which plaintiff No. 2 purchased from the defendant No. 1, Anath Bandhu Paul on 2.5.1965 AD by dint of a registered kabala.

2. The facts found are that the plaintiffs filed the suit after obtaining permission of the Court according to the provisions of Order 1 Rule 8 of CPC and they filed the suit for declaration of their right of easement, namely right of passing over a strip of land described in the plaint and for an injunction for removal of certain obstruction placed by the defendants 1, 2 and 3 on that path way. Plaintiffs case was that from time immemorial the passage was being used as path way by themselves and the people of the locality for egress and ingress without interruption and openly as of right, for over 50 years. They also claimed this path way as an easement of necessity as there is no other way to go out of their houses. It was alleged in the plaint that the defendants 1, 2 a

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