JUDGMENT :

B.R. GAVAI, J.

1. These appeals challenge the judgment and order passed by the High Court of Punjab and Haryana at Chandigarh dated 26.08.2009 affirming the order passed by the Additional District Judge, Sangrur dated 28.10.2006 whereby the Additional District Judge had allowed the appeal of the respondent-plaintiff and decreed the suit.

2. This is a third round of litigation between the parties.

3. In the first round, the respondent-plaintiff had filed a suit for injunction against the Municipal Committee as well as the present appellants-defendants for removing the latrine blocks in the 10 feet passage between the houses of the two parties. The said suit was dismissed holding that, though the respondent-plaintiff had a right to the said passage in view of sale deed dated 11.10.1954, he had no right to construct the toilet and was directed to remove the latrine as there also exists an easementary right of the present appellants-defendants to open the windows and ventilators in the said passage. In an appeal carried against the same by the respondent-plaintiff, the First Appellate Court held that the respondent-plaintiff did not have exclusive right for the said passage. It