Plaintiff is the appellant. His suit was

for perpetual injunction. He sought to restrain the

defendants from trespassing into the plaint B

schedule property. Commission of any act of waste

in the B schedule property was also sought to be

prevented by injunction. The trial court decreed

the suit restraining the defendants from

trespassing into the B schedule property. The

defendants went in appeal. The appellate court

reversed the decree of the trial court and

dismissed the suit.

2.

Facts are simple and go as under: The

plaint A schedule property is plaintiff's. The

property on the south of it is defendants'. There

is a ridge in the property of the plaintiff. The

said ridge is close to the property of the

defendants. The ridge is shown in the plaint as the

B schedule property. The plaintiff contended that

the defendants had no manner of right in the B

schedule ridge. The defendants contended that they

had a right of easement by prescription to use the

B schedule ridge as a pathway and also to stack

harvested crops.

3.

Both sides adduced evidence before the

trial court. PWs 1 and 2 and DWs 1 and 2 were

examined. Exts A1 to A3, B1