The appellant is the 3rd defendant in a suit for declaration and for permanent injunction. The 1st respondent herein as the plaintiff sought the relief of declaration to declare his easementary right over the suit schedule cart track and for permanent injunction restraining the defendants from interfering with his right of enjoyment of such easementary right.

2. The case of the plaintiff in short is as follows:

He purchased the suit A-Schedule property by way of three sale deeds along with the right to use the cart track shown as B-Schedule from his vendors, who in turn, got such easementary right from the defendant through an agreement dated 07.03.2005. In all the three sale deeds, the first defendant has signed as a witness acknowledging the easementary right of the plaintiff over the cart track in the suit B-Schedule property. However, the defendants attempted to destroy the cart track in B-Schedule and cultivate the same. The plaintiff objected to such attempt and gave a complaint before the Police. Hence, the present suit is filed with the relief as stated supra.

3. The defendants 1 and 2 filed their written statement. The 3rd defendant purchased the B-Schedule property