G. K. MISRA, C. J.

( 1 ) PLAINTIFF's case may be stated in short. Plaintiff is the owner of plot No. 1162. Defendants 1 and 2 are the owners of plot No. 1170/1623. Both the plots adjoin. Plot No. 1172 is Anabadi land and is undisputedly used as a lane. Plaintiff has his latrine in plot No. 1162. Defendants have their latrine in plot No. 1170/1623. Plaintiff's latrine is being cleaned by municipal sweepers since time immemorial. They come from Ranihat-Manglabag road through plot No. 1172 and enter plot No. 1162 through plot No. 1170/1623. Plaintiff claims right of way on the disputed passage over plot No. 1170/1623 by way of easement. The disputed passage is claimed to have been used peaceably and openly as of right without interruption for much more than twenty years. The suit was filed in 1957. Defendants 1 and 2 who contested the suit denied the existence of the right of way. The trial court dismissed the suit holding that plaintiff has acquired no right of way by easement. An appeal by the plaintiff against the trial court decree was dismissed. In second appeal No. 232 of 1964 filed by the plaintiff the case was remanded. The lower appellate court had found that the compromise