ASTHANA, J. :- This is a plaintiff's second appeal from a concurrent decree of dismissal of his suit for demolition of a w All. Alleging that the defendants have constructed a wall on the village path-way thereby obstructing it, the plaintiff's user of it as of right has been infringed a decree for demolition of the wall and for injunction restraining the defendants from obstructing the plaintiff from exercising his right of way over the disputed land was sought. The defence was a denial of the plaintiff's allegations. It was pleaded that the defendants had raised the wall on the old foundations of their Gher and no public pathway ever existed on the land in dispute. It appears that there was a hint in the plaint of some kind of prescriptive right of easement founded on a user of the land in dispute as a pathway but in the trial itself what was sought to be established was that the land in dispute over which the wall had been constructed by the defendant was a village pathway. The plaintiff failed to establish by the evidence on record that the land in dispute formed part of the village pathway. A finding was also recorded that the wall had been constructed by the defenda