The plaintiff is the appellant in this second appeal, and the dispute relates to a right of pathway cutting across his land and marked in red A B C in exhibit A-1, the plan prepared by the commissioner who was appointed to inspect the site and submit a report with a view to have a proper and adequate appreciation of the points in controversy. The defendants, who are resisting the suit, claim the right of pathway, their case being that the residents of various villages on the west of the Government poramboke cart track marked as G P C T in the plan running in S. No. 49/11 have been going from the west to the Sethu Rastha on the east The various portions of the pathway have been marked red in the commissioner’s plan. Some portions of the pathway pass through Government poramboke land in which a tank exists called Ayyanar Thidal near Sannathi Road cutting Sethu Rastha. As observed earlier that portion of the pathway A B C which is the connecting link on either side of the pathway (between G P C T and Sethu Rastha) cuts across the cultivable land of the plaintiff in which tobacco crop has been raised and at the point AB a fence has been put up by the plaintiff which resulted