1. Challenge in this Second Appeal is made to the judgment and decree dated 30.12.2004 passed in A.S.No.33 of 2004 on file of the Subordinate Court, Nilgiris at Udhagamandalam confirming the judgment and decree dated 31.12.2003 passed in O.S.No.332 of 1987 on the file of the District Munsif Court Coonoor.

2. The parties are referred to as per the rankings in the trial court.

3. Suit for declaration and mandatory injunction.

4. The case of the plaintiffs in brief is that the first plaintiff purchased the land property described in the plaint schedule from one Mr.Stanley Cuthbert O' Reilley of Coonoor, by way of a registered sale deed dated 17.01.1972 together with the right of way admeasuring 6 ft in width running north-south on the eastern side of the property which connect the 10ft wide pathway to reach the 15 ft wide newly formed private road leading to Mount road of Coonoor Town without any obstruction or disturbance by any one. After purchase by the plaintiffs, the second plaintiff who is the husband of the first plaintiff, put up a dwelling house in the abovesaid land property and since the date of purchase and the house construction put up therein, the plaintiffs had b