JUDGMENT :- This appeal by defendant No. 2 arises in the following circumstances. The plaintiff and one Mst. Bhurki purchased the southern half portion of premises No. D-3/36 situate in Mohalla Shivala, Bhelpur Ward Varanasi on 26th of November, 1964. After some time the plaintiff and Smt. Bhurki partitioned the premises and thus the half northern portion thereof came to then share of the plaintiff and the southern portion fell to the share of Smt. Bhurki. A partition wall was raised between the two portions. The main door of the house for egress and ingress purposes abutted the settlement plot No. 1709 which is a public street. The plaintiff alleged that she and Smt. Bhurki and their predecessor in title had always enjoyed the right of passage to and from the said premises over the public street as of right without any hindrance and obstruction from anybody. Defendant No. 1 Nagar Mahapalika of the City of Varanasi, however, wrongly and illegally granted a lease of a portion, of the said plot No. 1709 to defendant No. 2 on 9th November, 1964. This fact came to the knowledge of the plaintiff only when defendant No. 2 started encroaching upon the portion of said plot No. 170