1. This is a defendants appeal from the judgment and decree of the District Judge, Hissar, Reversing that of the Senior Subordinate Judge, Hissar, who dismissed the plaintiffs suit. The pedigree-table of the plaintiff and of the predecessor-in-interest of the defendants is given below:-

299_MK..hw.htm

2. The defendants had purchased area known as Kath Mandi in the town of Hissar from Jaiprakash on 29th October, 1946, who in turn had purchased it from Jai Dev, the original owner, in 1932. The Plaintiffs case is that towards the west and contiguous to Kath Mandi he owns land where cotton and ginning press is constructed. There is a railway siding from the Railway Station, Hissar, up to the premises of the plaintiff. The railway track passes through 385 feet long strip belonging to the Railway, 93 feet belonging to the Municipality, 631 feet within the defendants land and the line continues for 335 feet within the plaintiffs land in which the mill is situated. The total length is 1444 feet joining railway Station with the plaintiffs mill. The plaintiff instituted a suit on 7th June, 1954, seeking declaration that he has a right to use area under the railway track within defend