R. Chandra, J. - (1.) THIS is a defendants' appeal, and arises out of a suit for injunction and removal of constructions.
(2.) THE parties are the residents of village Datt Nagar Bisan. Pargana and District Unnao. Dhurpat Singh and Bahrain Singh filed the suit alleging that there existed a pathway in village abadi plots Nos. 102 and 111, and it had been used by the inhabitants of the village and the public, from times immemorial. On 15th. September, 1955 the defendants wrongfully blocked the passage by making certain unauthorised constructions On these grounds, they claimed a decree for removal of the complained of constructions, and perpetual injunction restraining the defendants from causing any obstruction in the use of the passage. The defedants contested the suit on a variety of grounds On the pleadings of the parties, the learned Munsif framed the following issues 1 Whether there exists any public way as alleged by the plaintiffs? 2. Whether the defendants have caused any obstructions as alleged? 3 Whether the plaintiffs have suffered any substantial and particular damage? 4 Whether the suit is within time?
(3.) THE Munsif found that there existed a public pathway in the village, and the defendants had obstructed it, by making certain new constructions He further held that the plaintiffs were not entitled to any relief till they proved any special or substantial damage, which in the instant case they had miserably failed On these findings, he refused to grant any relief Being aggrieved with that order, the plaintiffs went up in appeal. The learned Civil Judge disagreed with the view of the trial court, and found that there existed an old village pathway and the plaintiffs were fully entitled to get the relief, without proving any special or substantial injury In this view, he decreed the plaintiffs' suit in toto. Against that order, the present appeal is directed;