J. Bhattacharya, J. - (1.) This Second Appeal is directed against a judgment and decree dated 16th September, 1996 passed by the learned Assistant District Judge, 1st Court at Howrah in Title Appeal No. 248 of 1994 reversing the judgment and decree dated 17th November, 1994 passed by the learned Munsif, 5th Court at Howrah in Title Suit No. 208 of 1992 at the instance of the defendants/appellants. The plaintiffs/respondents filed a suit inter alia praying for declaration that the plaintiffs have every right including the right of easement and/or other indefeasible title over the 'C' schedule property and the defendants have no manner of any right title and interest over 'C' schedule property. A decree for permanent injunction was also sought for against the defendants for restraining them and their men, employees and agents from encroaching any part of the suit property or from disturbing the physical enjoyment of the plaintiffs over the 'C' schedule property and/or from blocking the 'C' schedule property by any means.
(2.) Though initially the plaintiffs claimed easement right over the 'C' schedule property but ultimately the plaintiffs amended their plaint by introducing that they have acquired the right of ownership in the 'C' schedule property by purchase.
(3.) Though, the plaintiffs, thus, claimed both ownership as well as easement right over 'C' schedule property in the suit but ultimately the plaintiffs in course of their evidence abandoned their claim for easement right over the 'C' schedule property by electing their claim for ownership in the 'C' schedule property.;