A. Hariprasad, J.

1. This second appeal is preferred by the defendants in a suit for declaration of a right of way acquired under the provisions of the Indian Easements Act, 1882 (in short “the Act”) and for a permanent prohibitory injunction against causing any disturbance to their right. Suit was dismissed by the trial court. First appellate court reversed the trial court's decree and granted reliefs to the original respondent (plaintiff). Subsequently he died, his legal representatives are respondents 2 to 5. Original appellants also died. Their legal representatives are additional appellants 3 to 10 and additional respondents 6 and 7.

2. Short facts relevant are as follows: Property described in plaint A schedule was allotted to the plaintiff's mother Kunjilakutty as per a partition deed of the year 1955. That document was not produced by the plaintiff. Kunjilakutty was in possession and enjoyment of the property till her death in the year 1988. She had executed a registered Will in 1979 bequeathing the property to the plaintiff. After her death, the Will came into effect and the plaintiff obtained right, title and possession over plaint A schedule property. That Will w