Aggrieved over the refusal of the relief in respect of easementary right by both the Courts below, the plaintiff has brought forth this second appeal.

2. The plaintiff filed the suit seeking for a declaration that there is a pathway in the properties of the defendants, shown as C,D,F,F1, C,E,F, M, N, F1, G, H, I, J, K, L1, M in the plaint plan to reach his lands called Chekkadi Kollai, for a mandatory injunction for the removal of the obstructions made therein, for a declaration of his right to draw water from the well shown in the second item of property and for permanent injunction that the defendants should be restrained from interfering with his right. It was alleged by the plaintiff that the suit property originally belonged to one Ramasamy Chettiar, and on his death, it devolved upon his son Chidambaram Chettiar; that on his death, his three sons, Ramasamy Chettiar, Kandasamy Chettiar and Nataraja Chettiar made a division of their family properties on 11.3.1930 under Ex.A6; that in that partition deed, a passage with a width of 5 feet was left for the use; that the said passage has all along been used; that even in the partition deed, it has been specifically recit