( 1 ) RESPONDENT Nos. 1 and 2. plaintiffs had filed a Civil Suit No. 25-A/92 before Civil Judge Class II, Chanderi for declaration and mandatory permanent injunction on the ground that by long user they have acquired right of way from the land situated in front of the house of the defendants which now has been obstructed by raising a wall by defendants. The defendants contested the suit on the ground that the land belongs to them and the plaintiffs have never used the land as a way leading to the main road.

( 2 ) LEARNED trial Court by judgment dated 15. 3. 1995 decreed the suit and held that the disputed land is a common way for both parties and, therefore, directed the defendants to remove the obstruction or else it has to be removed by the process of the Court. The defendants filed Civil Appeal No. 6-A/95, and the Additional Judge to the Court of District judge, Guna, at Mungaoli by his judgment and decree dated 8. 7. 1996 dismissed the appeal and confirmed the findings of the trial Court, against which this Second Appeal has been admitted on the following substantial questions of law;" (1) Whether the Courts below have erred in decreeing the suit on the basis of