D. Sreedevi, J.

1. This Second Appeal is, directed against the decree and judgment in A.S. No. 97 of 1987 of the Sub Court, Kozhikode, which was filed against the decree and judgment in O.S. No. 608 of 1983 of the Munsiff's Court, Kozhikode. The defendant is the appellant.

2. The plaintiff's case is this: The plaint A schedule property originally belonged to Thekke Palangat tarwad, from whom the property devolved on Kayyalil Achuma. One Kunhirayan purchased the property from Kayyalil Achuma in the year 1959. He had put up a building and effected improvements. The plaintiff purchased the property in 1966 from Kunhirayan. Kunhirayan dismantled the building, which was in a dilapidated condition and put up a new one and started residing therein. The plaintiff and his predecessors in interest were using the B schedule bund for ingress and egress to the plaint A schedule item. The properties on either side of the B Schedule belongs to the defendant. The A schedule property is lying on a lower level. On allegation that the defendant is attempting to annex a portion of the bund which is used as a pathway to his property, the suit has been filed for a decree of permanent injunction.

3.