1. There is a tarred road 20 feet wide running north and south vested in the Tanoor Panchayat, which is the appellant. To the east of the road is a strip of land, belonging to the Panchayat, which, at the site in dispute, is 20 feet wide on the north and 191/2 feet wide on the south and 251/2 feet long south to north. For convenience I will call this strip as the road margin. Beyond this road margin, on the east is the suit property owned and occupied by the plaintiff-respondent. He started construction of a shop in this property and alleging that the Panchayat was intending to put up a building in the road margin and that the building would interfere with his right of passage through the road margin to the road, the plaintiff brought the suit seeking a permanent injunction against the construction of the building. (Although the plaintiff had alleged that the proposed construction by the Panchayat would interfere with his right of light and air, that ground was rejected by the courts below and is no longer alive in this appeal). While asserting its right to put up any building in the road margin the Panchayat stated that it was proposing to erect only a temporary shed t