This second appeal is filed by the defendants in O.S.381/1987 on the file of the Munsiff Court, Kannur. The suit was for declaration and injunction. The plaintiff is the owner of plaint A-schedule property. According to the plaintiff the access to the plaintiff's house and property is through the plaint B-schedule property to reach Kilasi road situated on the west. The plaintiff further alleged that he was having motor vehicles and the plaintiff used to ply his vehicles through Kilasi road and plaint B-schedule property to reach plaint A-schedule property. The defendant started construction of a building encroaching into plaint B-schedule property and obstructing the right of way of the plaintiff which he was enjoying for more than 70 years. The plaintiff claimed a right of way by prescriptive easement to use plaint B-schedule property for vehicular traffic.

2. The defendants contended that the plaintiff was not entitled for any such declaration or injunction. The plaintiff had no right of way through defendants' property. The Kilasi road itself came into existence recently. It was only a lane earlier. The defendant committee has been constituted to conduct a Madrasa for