Bennet, J - (1.) This is an appeal by defendants 1 and 2 against a decree of the lower appellate Court. The plaintiffs sued for and obtained a decree from the Court of first instance declaring that for costs, horses and pedestrians to reach the plaintiffs shop in the disputed chowk there is a right of passage from the west through the Sarai road over the phar of the shops of defendants 1 and 2 and for perpetual injunction against defendants 1 and 2 ordering them to open that passage from any place they think convenient and never to block the passage again. The plaintiffs were granted costs against defendants 1 and 2, and defendants 3 and 4 were ordered to bear their own costs. Defendants 1 and 2 appealed to the lower appellate Court. That Court amended the decree to the effect that the plaintiffs including defendants 3 and 4 would give 20 feet along the main road as an entrance at the place most convenient to them, presumably from the east corner of defendants 1. and 2's small shop on the main road and defendants 1 and 2 will give 20 feet along the small road at the place most convenient to them. Parties will bear their own costs throughout. Defendants 1 and 2 have come in second appeal to this Court and an issue was remitted to the following effect: Have the plantiffs acquired an easement of right of way over the land of defendants 1 and 2 from the Sarai Ahmad road on the west to the shops of the plaintiffs by user for a period of 20 years?
(2.) The finding of the lower appellate Court is in the negative. It is contended, however, by learned Counsel for the plaintiffs that the finding is defective. The finding on remand states: My finding on this issue therefore is that any right that the plaintiffs may have acquired has been defeated by obstruction on the part of the appellant for more than two years prior to the filing of this suit.
(3.) The learned Counsel contended in regard to this that the Court should have come to a clear finding as to whether a right of easement had been acquired at some period by user for 20 years. But Section 15 of the Easements Act, lays down: Each of the said periods of 20 years shall be taken to be a period ending within two year next before the institution of the suit wherein the claim to which such period relates is con-tested.;