Dinesh Maheshwari, J.-The plaintiff No.1 Mangu Ram has preferred this second appeal against the Judgment and decree dated 22.08.1983 passed by the Civil Judge, Merta in Civil Appeal No. 36 of 1983 whereby the learned Civil Judge dismissed the appeal and affirmed the Judgment and decree dated 29.09.1976 passed by the Munsif , Nawa in Civil Suit No. 7/1973 which was filed by the plaintiffs for declaration and for granting of mandatory as well as perpetual injunction in relation to a right of way claimed by them for reaching their agricultural land through that of the defendant.

2. Briefly put the facts of the case are that the plaintiffs Mangu Ram (appellant herein) and Banna Ram filed the suit against defendant Shri Kishan with the averments in the plaint that agricultural land comprised in Khasras No. 899/1, 899/2 and 899/3 admeasuring 26 bighas 6 biswas situated at village Nawa was earlier in the joint kahtedari of the father of the plaintiffs and the father of the defendant. On 03.07.1953 a partition was effected and the western portion of the land fell in the share of the plaintiffs with the eastern portion going to the share of the defendant. A plan was annexed to th