1. This appeal arises out of a suit filed by the plaintiff for a declaration that she has a right of way over a road called the "Circular Road" leading to the premises known as the "Uplands House" in Waltair. The Rajah of Kuruppam, who was the owner of this property, died leaving the plaintiff, his daughter, the defendant and the Zamindar of Kuruppam, his sons. After his deatn the property was partitioned between the plaintiff, the defendant and his brother. The plaintiff got the block marked A in the plan annexed to the plaint. The property is a very extensive one. According to the plan, there is what is called a Circular Road leading from the Beach Road to the main building which, according to the evidence, was being used as a means of access to the building during the lifetime of the Rajah of Kurupipam. On the north, there is a Municipal Road and the suit property abuts that road. According to the evidence, there was a way leading from that road to this building which was used for the purpose of carrying materials, when the temple in the compound was built about the year 1902. This road, was not subsequently used except as servants entrance. It is, however, clear from t