( 1 ) DEFENDANT in O. S. 475 of 1974 is the appellant in this appeal. Respondent-plaintiffs sued the appellant for a declaration that they have a right to use the latrine situate in Door No. 205 (2) in XI Ward, Flower Street, Bellary City and for mandatory injunction directing the appellant to agree for conversion of the said latrine into a septic tank latrine at the cost of both the appellant and respondents.

( 2 ) IT was contended by the plaintiffs that the owner of the house bearing Door No. 205 (2) is the defendant plaintiff 1 is the owner of the building bearing Door No. 205 (1) and plaintiff 2 is the owner of the building bearing. Door No. 206. All these buildings and another building bearing Door No. 204, belonging to Soni Jetmal, belonged to common owners by name Heerad Basamma and Rudrappa. There was an open latrine in the building bearing door No. 205 (2 ). While alienating the buildings 204, 205 (1), 205 (2) and 206 the vendors specifically recited in the documents of sale that a right of user of the latrine was reserved. First plaintiff purchased the building bearing Doors Nos. 205 (1) and (2) from the said Heerad Rudrappa on 20-5-1957 and subsequently